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  1. #1
    Join Date
    Apr 2007
    Posts
    6

    Default Mail Theft by Spouse

    Can my wife come into my house without permission, open my mail, steal my payroll check that was mailed to me, then cash it at her bank?

    Also, she opened up all my tax return mail and filed taxes separately using my deductions, etc. Is this legal?

    She also opened all my bank statements, Motor vehicle mail, and retirement account mail and photocopied it.

    Background:

    Since Dec 28 2006 we have been living separately in different residences, (her in a rented apartment, me in our jointly-mortgaged single-family home), but we have not yet filed for legal separation or divorce.

    We have separate bank accounts. Neither has access to the others account.


    PLEASE HELP.

  2. #2
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Mail Theft by Spouse

    Oh I forgot. This is California.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Mail Theft by Spouse

    While we await the possibility of some California-specific information, I would suggest consulting a divorce lawyer about the possibility of getting an order for exclusive possession of the home.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Mail Theft by Spouse

    Opening your mail is arguably a crime. A county DA is not likely to file charges for anything related to the mail, though I believe there are applicable federal laws on that ... though it is doubtful the US Attorney will act on it.

    If you dispute her using the same deductions, you should consult that attorney quick because one or both of you could get slammed for that by the IRS of FTB.

    Depositing YOUR check into HER account could be a problem. The problem you might find is that some DA's are going to see this as a civil issue and n0t necessarily as a criminal one.

    In addition to the suggested divorce attorney, I would recommend you call the police and report it. You will need to tell them how she got in, when she last lived there, whose name or names are on the accounts in question, etc. They will look in to the matter and forward it to the DA if there is enough to make a case.

    - Carl

  5. #5
    Join Date
    Jul 2006
    Location
    Hawaii
    Posts
    86

    Default Re: Mail Theft by Spouse

    Quote Quoting cdwjava
    View Post
    Opening your mail is arguably a crime. A county DA is not likely to file charges for anything related to the mail, though I believe there are applicable federal laws on that ... though it is doubtful the US Attorney will act on it.

    If you dispute her using the same deductions, you should consult that attorney quick because one or both of you could get slammed for that by the IRS of FTB.

    Depositing YOUR check into HER account could be a problem. The problem you might find is that some DA's are going to see this as a civil issue and n0t necessarily as a criminal one.

    In addition to the suggested divorce attorney, I would recommend you call the police and report it. You will need to tell them how she got in, when she last lived there, whose name or names are on the accounts in question, etc. They will look in to the matter and forward it to the DA if there is enough to make a case.

    - Carl
    Plus go here:

    USPS Postal Inspection Service; report Mail theft.

    https://www.usps.com/postalinspector...ft/default.htm

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Mail Theft by Spouse

    I doubt they will be interested, as she was still entitled to possession of the home (so as to empty the mailbox) and the USPS is concerned about what happens from when the mail goes into the mailbox to when somebody at the destination address removes it from the mailbox. That's why somebody brought up the desirability of an order for exclusive possession.

  7. #7
    Join Date
    Apr 2007
    Posts
    6

    Default Re: Mail Theft by Spouse

    Opening my mail I could really care less about. It's not really that big of a deal. The fact that she possibly took my payroll check, forged my signature on my payroll check and cashed it, in essence, "stole my money" that I need to pay my mortgage.

    I've asked my payroll department to send me a copy of the cashed check so I can have all the details of where it was cashed, which account it was cashed against, etc.

    After which, I will be talking to the San Jose Police Dept.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Mail Theft by Spouse

    I presume she did not deposit it into a joint account?

    Have you since filed for legal seperation or divorce? This might still fall into the civil realm depending on the details. I'm not familiar with how tough a stand Santa Clara County takes on these issues, so I can't honestly say if they lean toward the civil or the criminal side. The devil, as they say, will be in the details ... and what she says about it.

    - Carl

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