Legal Question in Criminal Law in California

Is contested community property considered stolen?

I bought some very expensive dolls from a man who said they were his as part of a divorce settlement. I paid with a check and got a receipt. Now the spouse is claiming they were not his to sell. She says she will take him to court to recover the dolls and subpoena me. She came to my house under the pretense of wanting to buy them (I had an ad in a local bulletin board) and brought a police officer with her. I showed her the items but told her I had a receipt and as far as I knew they were legally the husband's to sell. The officer said there was no theft report on the items. I later got a copy of their divorce settlement which listed property which would go to each person. It said in part that the husband releases all rights to ''... doll collection...and other miscellaneous personal property currently in Wife's possession.'' But the dolls were left at the husband's house 4 months ago and since they were not in the wife's possesion he believes they are legally his to sell.

Are these dolls legally mine at this point? If the court decides that the wife owns them am I liable for receiving stolen property or any other crime? Will the wife be able to confiscate the dolls without payment? What if I sell them?


Asked on 5/02/07, 5:55 pm

1 Answer from Attorneys
Eric Sterkenburg Law Office of Eric Sterkenburg

Re: Is contested community property considered stolen?

If you bought the dolls in good faith (as shown by paying a fair price for them, not like buying the husbands BMW for a $1.00),then the wife can sue the husband for the value of the dolls but cannot sue you for the dolls.

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Answered on 5/02/07, 7:10 pm


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