Can a husband press charges against his wife for theft?
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Can a husband press charges against his wife for theft?
I went to check my account today and noticed it was lower than I expected. I asked for a statement by the bank and found that over the last 3 months $3,100 has been taken out in increments of $100-$300 from ATMs. Since I rarely withdraw money from ATMs, I went and filed a report with my bank and another with the police thinking my card was somehow copied and being used. Long story short: My wife was pretending to mail off house payments that I wrote checks for, and then taking the money for herself at ATMs. It is important to note that although we’re married the bank account is in my name only.
Asked on April 26, 2011 under Criminal Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Without commenting on the arrangement between you and your wife, you should know that generally speaking, money earned during a marriage is marital property. Are you trying to say that the money you earn is separate property because you keep it in a separate account? That would not fly unless I guess you had an agreement to the contrary. Like a pre-nup. Do you? And it appears that you are paying "marital debts" with the money as well. Is that correct? I think that you have a lot of issues here that need to be resolved, the least of which is the purported "theft" which I think will not fly. Get some help. Good luck.
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