LDSGator Posted July 4, 2021 Report Posted July 4, 2021 3 minutes ago, Fether said: Didn't want to make a separate thread for this, but it relates to the situation. My SIL has only been married a month and will be getting an annulment. She is going over to the house for the first time in weeks to get her stuff next week (she is bringing a cop so she won’t be in any danger). She is genuinely concerned that all of her stuff has been destroyed, thrown out, or sold. If that is the case, is there any right to press charges? Her whole life is literally in that house (her clothes, kids clothes, kids beds, memorabilia, furniture, etc.) I understand there needs to be some proof that it was owned by her and not jointly owned, but if she can prove that they were originally hers, is that enough? @Just_A_Guy you are a lawyer right? Some states offer free legal assistance to those in need-I know Maine had a number you could call for pro bono help on Monday night or something. Maybe Utah or wherever she is has something like that? Just_A_Guy and Jane_Doe 2 Quote
Vort Posted July 4, 2021 Report Posted July 4, 2021 50 minutes ago, Fether said: Didn't want to make a separate thread for this, but it relates to the situation. My SIL has only been married a month and will be getting an annulment. She is going over to the house for the first time in weeks to get her stuff next week (she is bringing a cop so she won’t be in any danger). She is genuinely concerned that all of her stuff has been destroyed, thrown out, or sold. If that is the case, is there any right to press charges? Her whole life is literally in that house (her clothes, kids clothes, kids beds, memorabilia, furniture, etc.) I understand there needs to be some proof that it was owned by her and not jointly owned, but if she can prove that they were originally hers, is that enough? @Just_A_Guy you are a lawyer right? Any lawyer acquaintance is going to be hesitant to address this pro bono except in broad strokes. There are issues of liability involved. Fether and Just_A_Guy 1 1 Quote
Just_A_Guy Posted July 4, 2021 Report Posted July 4, 2021 (edited) 1 hour ago, Fether said: Didn't want to make a separate thread for this, but it relates to the situation. My SIL has only been married a month and will be getting an annulment. She is going over to the house for the first time in weeks to get her stuff next week (she is bringing a cop so she won’t be in any danger). She is genuinely concerned that all of her stuff has been destroyed, thrown out, or sold. If that is the case, is there any right to press charges? Her whole life is literally in that house (her clothes, kids clothes, kids beds, memorabilia, furniture, etc.) I understand there needs to be some proof that it was owned by her and not jointly owned, but if she can prove that they were originally hers, is that enough? @Just_A_Guy you are a lawyer right? It’s hard to be specific, but generally . . . Premarital property should revert to the premarital owner (unless it was something like a house or car where the spouse helped pay on the loan after the marriage); and one spouse deliberately destroying another spouse’s premarital property could create civil liability under a divorce settlement. Whether it could give rise to criminal charges as well . . . “maybe”. The sticky wicket is that a person does have the right to destroy their own property; and so different jurisdictions may have different standards about how much leeway one has where the property in question belongs to ones spouse and the marriage has not been dissolved. Edited July 4, 2021 by Just_A_Guy Fether 1 Quote
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