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How Do I Go About Proving/Prosecuting, or Can I Even

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  • 05-05-2009, 01:54 PM
    tengue
    How Do I Go About Proving/Prosecuting, or Can I Even
    My question involves criminal law for the state of: FL

    Does this constitute Larceny?
    My wife moved out of our home over a month ago. Three weeks later I was hospitalized. At her instruction, while I was incapacitated, her family came and took 75% of the house and moved it into storage. My wife was not present during this, and when I got home it looked like the place had been ransacked.
  • 05-05-2009, 06:47 PM
    aardvarc
    Re: How Do I Go About Proving/Prosecuting, or Can I Even
    It doesn't matter that your wife moved out - it matters whether or not she reasonably COULD have legally returned at any time (ie there wasn't a divorce proceeding in the works where you were awarded residency, or a restraining order against her, etc.). If so, then she could come and do, AND she could also allow a third party to come in and remove items (one of the joys of marriage is CO-ownership) at her request. The police aren't going to touch this as a larceny with a 10 foot pole. They will tell you that it's a civil matter that can either be addressed in a divorce proceeding (allocation of properties) or that if these people caused some sort of damage or expense (like cleaning) that you can sue them in civil court for those damages.
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