Marital property

[Adam13]

My wife took our belongings and left. Is this theft? What legal action can I take?

[cahoonzie]

Your case is not a matter of "theft" in the criminal sense. Rather, it is a breach of contract or a civil litigation matter which will require that you provide collateral evidence e.g. receipts or witness testimony showing marital property was removed from the marital residence by your wife. In a practical sense, I would send her a bill for your half of the removed property. Also, it is important to remember that NOT ALL PROPERTY IS MARITAL PROPERTY (1/2 yours and 1/2 hers). PA is not a community property state. As a rule of thumb, any property acquired by you prior to the marriage is yours. A gift from aunt Sue to you while you were married is exclusively yours. Any inheritance from Mom or Dad acquired during the marriage is exclusivley yours.

On the other hand, if you own the marital home and wife moves in, she is entitled to a share of any capital gain on your home. Another fine point is that she is entitled to a share of your pension. She may even tap into your will in the event of your death even if you void her from your will unless you divorce prior to dying. There are a bunch of legal obligations and nuances invlolved with the CONTRACT of marriage. If a considerable amount of money, property or child custody is involved, get a really good divorce attorney. NOT A REAL ESTATE ATTORNEY, I MEAN A GOOD DIVORCE ATTORNEY. GOOD LUCK.