theft & divorce

[June Smith]

Miss. is a community property state. If one spouse is convicted of theft and is ordered by the court to make restitution, but is not employed and has no property, the other spouse can be held liable. If the parties should divorce will the non-offending spouse still be liable?

 

[lawrat]

i am recent law school graduate awaiting Bar results. What the following is merely general guidance, not to be construed as forming an atty-client relationship.

i think in a community property state, the non offending spouse would only be liable if the theft was done in furtherance of the "community", meaning marriage. or if the non offending spouse was an agent.

otherwise, yes it could still attach,however, i think getting a divorce if it is to avoid liability might be a fraud onto itself. i would consult a divorce attorney (familiar with the legal ramification of this type of matter) in your state at attorneypages.com

 

[June Smith]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
i am recent law school graduate awaiting Bar results. What the following is merely general guidance, not to be construed as forming an atty-client relationship.

i think in a community property state, the non offending spouse would only be liable if the theft was done in furtherance of the "community", meaning marriage. or if the non offending spouse was an agent.

otherwise, yes it could still attach,however, i think getting a divorce if it is to avoid liability might be a fraud onto itself. i would consult a divorce attorney (familiar with the legal ramification of this type of matter) in your state at attorneypages.com<HR></BLOCKQUOTE>