Shoplifting, Larceny, Robbery, Theft Question about "Gifted" Property

[rhelt100]

I'm not sure if this is the right forum for this, so I apologize in advance if it isn't in the right area.

Here's the situation. I am currently in the midst of a divorce. Currently my wife and kids are living in the house but they are moving to their new place by Feb. 1. The property is a single family home sitting on about 1.5 acres of land. We bought the house together 7 years ago.

Six years ago, my inlaws purchased a short chain link fence that enclosed a portion of the property so that the kids could play outside and there was little risk of them running into the road. At the time, they purchased it because we did not have the money to do so ourselves. There was no agreement of any kind drawn up. It was simply them purchasing something we needed that we could not afford. I'm not sure if this makes it a "gift" but it's only part of the problem anyways. For the past six years, the fencing has been installed on the property owned by my ex-wife and I.

Today, while stopping by to pick up my son for a night out, I noticed that the fencing was all ripped out. According to my ex-wife and kids, this happened yesterday. My ex-mother-in-law says that it was her fence since she paid for it so she was reclaiming it. In addition to this, she did not notify neither me nor my ex-wife. She just made arrangements and had it done behind our backs.

So, my question. What can I do? From my point of view, she removed about $3000 of my property without notifying neither my ex-wife nor I. Is this considered a gift since there was no agreement drawn up (no oral agreement either for the record)? Is there a certain period of time that has to go by for something like this to make it part of the property? Am I right in thinking that what she did is considered theft? What are my options? small claims court for the value of the fence? criminal charges for theft? I don't know that I would proceed with getting her thrown in jail, but it would be nice to be compensated if what she did is illegal.

Advice please.

Thanks,

-Ray Heltsley

 

[tpajet]

I would say that in the grand scheme of things you need to just let this one go. All it would take is for your wife to say she gave permission. There's no way to prove in court she didn't unless you have some witness, so unless this upset her as well, who do you think she is going to side with? And if there was no agreement for repayment, then it could be considered a gift, but then again, she might be able to claim that she put it there for her grandkids, and state it was her property. She could also claim that she made this clear at the time it was put in.

Doing so would be lying in court, but it's still your word against hers. And all it would take is your wife to side with her and your case is sunk. It may have been done in spite, but if you are getting the house and land the fence was on, then be glad an move on. It's going to end up being more trouble than it's worth. Keep in mind too that having kids in the mix, you want to keep things as amicable as you can, even if it's just a tiny shred.

 

[army judge]

You should speak with the lawyer that you've retained to assist with the divorce. Divorce decrees are very individualized. Your spouse may not have possessed the authority to give consent, even if she says she did. It seems as if you're getting the homestead, and most probably gave up cash to retain the right to live in it. So speak with your lawyer ASAP and take lots of before and after pictures with you when you go! Google Earth pictures are also available and they might help with the before proof. Say nothing to your spouse about this until you've spoken to your lawyer. Then follow his/her advice going forward. Your soon to be ex-mother-in-law may have violated criminal statutes and could be held in contempt of the court that is addressing your divorce action. The company that trespassed on your property to remove the fencing has civil and criminal liability attached, as well. Assuming it was a company and not some local handyman or other relative. Someone has some explaining and paying to do. But, litigate this in court not in the home.


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[rhelt100]

Good advice. I appreciate it. Up until this point, I have not retained a lawyer...which I feel pretty stupid for now.

After entering this message, I spoke to a relative of a friend who practices law. I filled in all of the details and was told that a crime was definitely committed here. He suggested that I avoid calling in the police at this point and try to work things out in the divorce decree to make up for it. His justification for this was that it will take awhile to get the money if I follow the criminal route.

To answer a question from another poster, while I did not give up money to get the house, I am taking over a house that's overmortgaged by about $10k to avoid a forced short sale. This is one the reasons that this angered me to the extent it did. I'm working with a bank to get a refinance and they are sending a physical appraiser out. Now that the fence is gone, my appraisal is going to be $3 - $4k lower than it would've been a week ago. So, this dipped right into my pocket.