Legal Question in Criminal Law in Florida

I am trying to see if my wife can file criminal charges against me if I take property from my home that is mine? I have the property in a POD and it is still on our property. Once the POD is removed can she file charges against me. I live in Orlando, Fl


Asked on 11/29/09, 9:48 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

This can be a tricky area especially when dealing with domestic disputes. Basically speaking, you can't steal your own property. However, if you take the pod and it has her property in it as well, then you could be charged with theft. Also, you need to define what is "your property." This is oftentimes where the dispute comes and where a disgruntled spouse may say you are stealing her property. Of course, property may belong to both of you in which case it probably is not theft, but that seems to be when things get uglier. Bottom line, if you take anything make sure it's yours.

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Answered on 12/05/09, 10:21 am


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