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Joint Marital property taken!

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Tinkerbelle

Junior Member
What is the name of your state (only U.S. law)? Connecticut
My spouse of 25 years moved out 1 1/2 years ago. We are still married. He rents a place a mile away. While I was on vacation in July, he entered the home he no longer occupies, (but still co-owns), and took the radial arm saw (value $600 - $800), which is jointly owned by both. I need to use the saw and he won't talk about where it is or anything. He may have sold it without my permission, based on something he said over a year before he took it.
I've asked several times in text messages, since he won't talk to me, and he either ignores them or says "i'm not discussing this."
So, in September, when he left his employer's projector at my place, for our daughter to use to have a movie night outside in the driveway, I hid it offsite. He is now demanding it back since it belongs to his employer. I said where is the radial arm saw? I hoped he'd trade. Instead he said, "The company is filing a report with the police saying it is stolen." How can I get the radial arm saw back without getting arrested? I don't want to be a jerk about the projector, but I thought it might be a bargaining chip. If he DOES file a police report, should I do the same on the radial arm saw? It did disappear from my home while I was on vacation..
J
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Connecticut
My spouse of 25 years moved out 1 1/2 years ago. We are still married. He rents a place a mile away. While I was on vacation in July, he entered the home he no longer occupies, (but still co-owns), and took the radial arm saw (value $600 - $800), which is jointly owned by both. I need to use the saw and he won't talk about where it is or anything. He may have sold it without my permission, based on something he said over a year before he took it.
I've asked several times in text messages, since he won't talk to me, and he either ignores them or says "i'm not discussing this."
So, in September, when he left his employer's projector at my place, for our daughter to use to have a movie night outside in the driveway, I hid it offsite. He is now demanding it back since it belongs to his employer. I said where is the radial arm saw? I hoped he'd trade. Instead he said, "The company is filing a report with the police saying it is stolen." How can I get the radial arm saw back without getting arrested? I don't want to be a jerk about the projector, but I thought it might be a bargaining chip. If he DOES file a police report, should I do the same on the radial arm saw? It did disappear from my home while I was on vacation..
J

You are behaving rather childish and criminal. You should expect the police to be knocking at your door ~ you will have no one to blame but yourself.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Connecticut
My spouse of 25 years moved out 1 1/2 years ago. We are still married. He rents a place a mile away. While I was on vacation in July, he entered the home he no longer occupies, (but still co-owns), and took the radial arm saw (value $600 - $800), which is jointly owned by both. I need to use the saw and he won't talk about where it is or anything. He may have sold it without my permission, based on something he said over a year before he took it.
I've asked several times in text messages, since he won't talk to me, and he either ignores them or says "i'm not discussing this."
So, in September, when he left his employer's projector at my place, for our daughter to use to have a movie night outside in the driveway, I hid it offsite. He is now demanding it back since it belongs to his employer. I said where is the radial arm saw? I hoped he'd trade. Instead he said, "The company is filing a report with the police saying it is stolen." How can I get the radial arm saw back without getting arrested? I don't want to be a jerk about the projector, but I thought it might be a bargaining chip. If he DOES file a police report, should I do the same on the radial arm saw? It did disappear from my home while I was on vacation..
J
Wrong. the arm saw disappeared from HIS home as well. It is the marital home still. Unless you have court orders stating that he is not allowed access to the house he did nothing wrong. You on the other hand committed a crime. Grow up.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Connecticut
My spouse of 25 years moved out 1 1/2 years ago. We are still married. He rents a place a mile away. While I was on vacation in July, he entered the home he no longer occupies, (but still co-owns), and took the radial arm saw (value $600 - $800), which is jointly owned by both. I need to use the saw and he won't talk about where it is or anything. He may have sold it without my permission, based on something he said over a year before he took it.
I've asked several times in text messages, since he won't talk to me, and he either ignores them or says "i'm not discussing this."
So, in September, when he left his employer's projector at my place, for our daughter to use to have a movie night outside in the driveway, I hid it offsite. He is now demanding it back since it belongs to his employer. I said where is the radial arm saw? I hoped he'd trade. Instead he said, "The company is filing a report with the police saying it is stolen." How can I get the radial arm saw back without getting arrested? I don't want to be a jerk about the projector, but I thought it might be a bargaining chip. If he DOES file a police report, should I do the same on the radial arm saw? It did disappear from my home while I was on vacation..
J

Give him back the projector. Its not your or his property at all and its the wrong type of thing to try to hold hostage.

Give up on the saw. I can just about guarantee that he sold it. Hold him accountable for it in the property settlement.

I would also change the locks on the home. Technically you cannot stop him from entering the home since you are still techncially married. However, you have been separated long enough that he shouldn't be coming and going as he pleases.
 

Ohiogal

Queen Bee
Give him back the projector. Its not your or his property at all and its the wrong type of thing to try to hold hostage.

Give up on the saw. I can just about guarantee that he sold it. Hold him accountable for it in the property settlement.

I would also change the locks on the home. Technically you cannot stop him from entering the home since you are still techncially married. However, you have been separated long enough that he shouldn't be coming and going as he pleases.
He still CO OWNS the house. Until she gets a court order giving him sole possession -- even temporarily - -he has a right to come and go. And a right to copies of the keys.
 

Tinkerbelle

Junior Member
it's true I am in possession of the marital property, but I'm not selling it! I think that's what he did. It's so ridiculous. I'm trying to maintain the house SOLO, without all the things my spouse and 20 year old son keep taking, and losing, from my house! ladders, yard tools, rakes, radial arm saws, heavy duty extension cords, etc...
 

cyjeff

Senior Member
it's true I am in possession of the marital property, but I'm not selling it! I think that's what he did. It's so ridiculous. I'm trying to maintain the house SOLO, without all the things my spouse and 20 year old son keep taking, and losing, from my house! ladders, yard tools, rakes, radial arm saws, heavy duty extension cords, etc...
None of which gives you the permission to steal from his employer.

If I was his employer, I would have fired him for using company property for "movie night" and had a police report out on you so fast you would have felt the ground move.

Even if you give the projector back right NOW, you can still be charged.

You better pray to whatever God you like that it works when they get it back.

Nice attitude, by the way, to show to the kids. You wonder where your son learned his behavior?

Got a good mirror?
 

tranquility

Senior Member
I am uncertain the OP has committed a crime. She has committed the tort of trespass to chattel or conversion and would have to suffer the consequences if sued, but a crime?

Let us review.
Larceny is the taking and asportation (carrying away) of the personal property of another with the intent to permanently deprive the owner thereof.

What element(s) would the state have difficulty proving here?

This is why most jurisdictions now have created the crime of joyriding for when the state can't prove up all the elements of car theft. Even in the states which have a statute regarding criminal conversion, I am uncertain if we reach that level from these facts.
 

mistoffolees

Senior Member
I am uncertain the OP has committed a crime. She has committed the tort of trespass to chattel or conversion and would have to suffer the consequences if sued, but a crime?

Let us review.
Larceny is the taking and asportation (carrying away) of the personal property of another with the intent to permanently deprive the owner thereof.

What element(s) would the state have difficulty proving here?

This is why most jurisdictions now have created the crime of joyriding for when the state can't prove up all the elements of car theft. Even in the states which have a statute regarding criminal conversion, I am uncertain if we reach that level from these facts.
Maybe true, but in any event, what OP did was wrong.
 

tranquility

Senior Member
She certainly has committed the tort of trespass to chattel and would have to pay any damages to the employer if sued, and probably has brought things close to conversion where she would have to pay any damages *and* pay for the projector.
 

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