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can i be charged with theft & does he have a case?

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jpmjss

Junior Member
I live in Va. I left my ex (we were not married) in 2012. He stayed in the home we built together (bank loan was in my name only) & it was foreclosed on in Dec 2014 but he continues to live there & will until the bank kicks him out i guess. I didn't take much when i left because i was going to be renting a room from friends & wasn't sure for how long so didn't have much room for anything & didn't want to pay for a storage unit indefinitely. I recently moved into my own place and he agreed to let me come get some things because he's planning to vacate the house soon & isn't planning to keep it all. I got some stuff a few weeks ago. I wanted a unique shelving unit we bought years ago at a flea market but he said he was taking it i couldn't have it. He also said he planned to be out of there by March 31 (i'm not sure if the bank gave him that deadline or what) & after that i could come & get whatever was left. So i did that yesterday. He wasn't home but it didn't look as though he had completely moved yet. I took some small things & also the shelving unit. When he saw that i had taken it he texted me & said that i stole it & he had filed a report. I am told i could be arrested for this. If so how does that work? I am very mobile at work always going from client to client. Would they find me at work & do it in front of a client? Also would he have a case at all? He has no proof of ownership of it such as a receipt. Thanks for any advice i am happy to answer any questions.
 


CdwJava

Senior Member
All because he made a report does not mean that there is sufficient probable cause to make an arrest. The police may still be investigating it. Or, they may be writing this off as a civil issue. Or, he could be full of hooey.

You might consider speaking with an attorney and then to the police to provide your side of the story before you get surprised by an inconvenient arrest. Hopefully you still have whatever phone or text messages you had to show that he said to come and get what was left.
 

CdwJava

Senior Member
He said it, didn't email or text it. Thanks for responding.
That could make it a wee bit tricky to prove that he gave you permission.

If the police come calling, you might want to clam up and speak to an attorney.
 

LdiJ

Senior Member
That could make it a wee bit tricky to prove that he gave you permission.

If the police come calling, you might want to clam up and speak to an attorney.
While I do not necessarily disagree...they both owned the home prior to foreclosure...therefore they both owned any contents that could not be clearly proven to belong to one of them individually. I think that I would be likely to at least tell the police that the home was owned by both of us and that I did not take anything that wasn't equally mine, before clamming up.
 

CdwJava

Senior Member
While I do not necessarily disagree...they both owned the home prior to foreclosure...therefore they both owned any contents that could not be clearly proven to belong to one of them individually. I think that I would be likely to at least tell the police that the home was owned by both of us and that I did not take anything that wasn't equally mine, before clamming up.
But, that would be admitting to taking something ... if she were to say that much, she might as well go the whole ten yards and give up the rest. She might also find herself arrested. Owning the HOME together doesn't mean they equally owned the contents - especially if she had moved out long ago.

Best to speak with an attorney before such an admission.
 

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