Can You Sue Your Spouse For Stealing Money? Money is one of the most common sources of conflict in marriages. According to a survey by Ramsey Solutions, money fights are the second leading cause of divorce, after infidelity. But what if your spouse not only argues with you about money, but also steals it from you?
Spousal theft is a form of financial abuse that can have devastating consequences for the victim. It can damage your credit score, drain your savings, and leave you in debt. It can also erode your trust and confidence in your partner, and make you feel betrayed and violated.
But can you sue your spouse for stealing money from you? The answer is not straightforward, and depends on a number of factors, such as:
- The legal status of the property that was stolen
- The state law where you live
- The existence of a divorce or separation agreement
- The reason why your spouse stole the money
- The amount of money that was stolen
- The evidence that you have to prove the theft
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Can You Sue Your Spouse for Stealing Money
In this article on can you Sue your spouse for stealing money; we will explore these factors in detail, and provide you with some solutions and advice on how to deal with spousal theft.
What Is Spousal Theft?
Spousal theft is the act of taking money or property from your spouse without their consent or knowledge. It can take many forms, such as:
- Withdrawing cash from a joint bank account
- Using a joint credit card for unauthorized purchases
- Taking money or valuables from your spouse’s wallet, purse, or safe
- Forging your spouse’s signature on checks or documents
- Opening accounts or loans in your spouse’s name without their permission
- Hiding or transferring assets to a third party
- Selling or pawning your spouse’s belongings
Spousal theft can happen for various reasons, such as:
- Gambling addiction
- Drug or alcohol abuse
- Financial hardship
- Extramarital affair
- Revenge or spite
- Impulse or greed
Spousal theft can have serious consequences for both the victim and the perpetrator. The victim may suffer from financial losses, emotional distress, and legal complications. The perpetrator may face criminal charges, civil lawsuits, and divorce proceedings.
Can You Sue Your Spouse For Stealing Money From You?
Can You Sue Your Spouse For Stealing Money: The legal recourse for spousal theft depends on the nature and extent of the theft, and the laws of your state? Generally speaking, there are two types of legal actions that you can take against your spouse for stealing money from you: criminal and civil.
· Criminal action
A criminal action is when you report the theft to the police, and the state prosecutes your spouse for a crime. Theft is a criminal offense that can be classified as a misdemeanor or a felony, depending on the value of the property stolen and the circumstances of the theft.
If your spouse is convicted of theft, they may face penalties such as fines, restitution, probation, community service, or jail time. However, pursuing a criminal action against your spouse may not be easy or advisable, for several reasons:
- You may not have enough evidence to prove the theft beyond a reasonable doubt, which is the standard of proof required in criminal cases.
- You may not want to involve the police or the courts in your personal matters, especially if you have children or other dependents.
- You may not want to jeopardize your spouse’s reputation, employment, or future prospects, especially if you still love them or depend on them financially.
- You may not want to risk retaliation or escalation from your spouse, especially if they are violent or abusive.
- You may not have any control over the outcome of the case, as the decision to prosecute or drop the charges rests with the state, not with you.
Therefore, before you decide to file a criminal complaint against your spouse for stealing money from you, you should consult with a lawyer and weigh the pros and cons of this option.
· Civil Action
A civil action is when you sue your spouse for damages, and the court decides whether to award you compensation for your losses. Unlike a criminal action, a civil action does not require the state’s involvement, and the standard of proof is lower (preponderance of the evidence, which means more likely than not).
However, suing your spouse for stealing money from you may not be possible or practical, for several reasons:
- You may not have a valid legal claim, depending on the status of the property that was stolen. In some states, all property acquired during the marriage is considered to be jointly owned by both spouses, regardless of who earned it or whose name is on it. This is called community property. In other states, only property that is titled or registered in both spouses’ names is considered to be jointly owned. This is called common law property. If the property that was stolen was joint property, you may not be able to sue your spouse for theft, as they have a legal right to use or dispose of it as they please. However, if the property that was stolen was separate property, such as an inheritance, a gift, or a premarital asset, you may have a valid claim for theft, as your spouse has no legal interest in it.
- You may not have a valid legal basis, depending on the existence of a divorce or separation agreement. If you and your spouse have a written agreement that specifies how your property and debts are divided, you may not be able to sue your spouse for theft, as you have already settled your financial matters. However, if your spouse violated the terms of the agreement by taking money or property that was assigned to you, you may be able to sue them for breach of contract or contempt of court.
- You may not have a valid legal remedy, depending on the reason why your spouse stole the money. If your spouse stole money from you to pay for a legitimate expense, such as a mortgage, a utility bill, or a medical bill, you may not be able to recover the money, as you are equally responsible for these expenses as a married couple. However, if your spouse stole money from you to pay for an illegitimate expense, such as a gambling debt, a drug habit, or an affair, you may be able to recover the money, as these are considered to be wasteful or fraudulent dissipation of marital assets.
What Are The Types Of Civil Claims That You May Be Able To Bring Against Your Spouse For Theft?
Can You Sue Your Spouse For Stealing Money: If you live in a state that allows you to sue your spouse for theft, you may have several types of civil claims that you can pursue, depending on the facts of your case. The most common ones are:
- Conversion: Conversion is the civil equivalent of theft. It is the unauthorized taking or use of another person’s property, with the intent to deprive them of it permanently or for an indefinite period of time. To prove conversion, you need to show that you have legal title or right to possession of the property, that your spouse took or used the property without your consent, and that you suffered damages as a result. The remedy for conversion is usually the return of the property or its value, plus punitive damages in some cases.
- Fraud: Fraud is the intentional misrepresentation or concealment of a material fact, with the intent to induce another person to act or refrain from acting, and causing them to suffer damages. To prove fraud, you need to show that your spouse made a false statement or concealed a fact that was material to the transaction, that they knew or should have known that it was false or misleading, that they intended to deceive you or induce you to rely on it, that you actually relied on it, and that you suffered damages as a result. The remedy for fraud is usually the rescission of the transaction or the recovery of the damages, plus punitive damages in some cases.
- Breach of fiduciary duty: A fiduciary duty is a duty of loyalty, honesty, and good faith that one person owes to another in a relationship of trust and confidence. Spouses owe each other a fiduciary duty in managing their marital property and affairs. To prove a breach of fiduciary duty, you need to show that your spouse had a fiduciary duty to you, that they breached that duty by acting in a way that was contrary to your best interests, and that you suffered damages as a result. The remedy for a breach of fiduciary duty is usually the restoration of the status quo or the recovery of the damages, plus punitive damages in some cases.
How To Recover From Spousal Theft?
Suing your spouse for theft may not be the best or the only option for you to recover from spousal theft. Litigation can be costly, time-consuming, and stressful, and it may not guarantee a favorable outcome. Moreover, suing your spouse may not address the underlying issues that led to the theft, such as addiction, mental illness, financial stress, or marital problems. Therefore, before you decide to take legal action, you may want to consider some alternative or complementary steps, such as:
- Talk To Your Spouse: The first step is to confront your spouse about the theft and try to understand why they did it and what they spent the money on. You may be able to resolve the issue amicably and agree on a repayment plan or a compensation scheme. You may also be able to work on rebuilding trust and repairing your relationship. However, you should be prepared for the possibility that your spouse may deny, justify, or minimize their actions, or become angry or defensive. You should also be careful not to accuse your spouse of being a thief or a liar, but rather focus on how you feel and what you need.
- Seek Counseling: If you and your spouse are having communication or relationship issues, or if your spouse has a personal problem that contributed to the theft, such as gambling, drug abuse, or infidelity, you may benefit from seeking professional help. You can look for a couples counselor, a family therapist, or a financial planner who can help you address the root causes of the theft and find ways to cope and heal. Counseling can also help you decide whether you want to stay in the marriage or end it, and how to deal with the emotional and financial consequences of either choice.
- Set Up A Separate Bank Account: If you are worried that your spouse may steal money from you again, or if you want to protect your financial independence, you may want to set up a separate bank account that only you have access to. You can use this account to deposit your income, pay your bills, and save for your goals. You can also keep some cash, credit cards, and important documents in a safe place that your spouse cannot access. However, you should be aware that setting up a separate bank account may not prevent your spouse from accessing your other assets, such as your joint accounts, your retirement accounts, or your home equity. You should also be aware that setting up a separate bank account may affect your marital property rights in a divorce, depending on the state where you live and the source of the funds.
- Get Legal Advice: If you are considering suing your spouse for theft, or if you are planning to file for divorce, you should consult a lawyer who can advise you on your legal rights and options. A lawyer can help you determine the best course of action for your situation, and represent you in court if necessary. A lawyer can also help you with other legal issues that may arise from spousal theft, such as identity theft, credit card fraud, tax liability, or bankruptcy. You can find a lawyer who specializes in family law, civil litigation, or consumer protection in your area by using online directories, referrals, or legal aid services.
Conclusion: Can You Sue Your Spouse For Stealing Money
Can you Sue your spouse for stealing money from you? The answer is not straightforward and depends on a number of factors, such as:
- The legal status of the property that was stolen
- The state law where you live
- The existence of a divorce or separation agreement
- The reason why your spouse stole the money
- The amount of money that was stolen
- The evidence that you have to prove the theft
In this article on whether can you sue your spouse for stealing money; we will have explore these factors in detail, and provide you with some solutions and advice on how to deal with spousal theft.