Is it legal to remove marital property from a home while still married, and not disclose its location?

Business 6 views 3 answers
I was told by a lawyer in Oshkosh that it was illegal to remove marital property from a home while still married and not disclose its location. I tried to get the local police to enforce this, but they said they know of no such law and could not do anything. I feel like I was given very bad advice from this lawyer, and would like to know if there is an actual law or statute that states this as being illegal. I would also appreciate the the actual verb-age that states this. The property in question is a set of handguns in a small gun safe, bought strictly for home protection.

Attorney Answers

3
James Bock ·
Is there a divorce proceeding and/or legal separation action commenced? What does the operative Temporary order state, and review the language in the served summons. Realize, a bit more context on your question would help, as it is perfectly allowable for a married party to leave the house in a vehicle purchased and financed by both parties' incomes during the marriage without express permission of the other party under normal circumstances (do you see the connection?). More information is required to address your issues. You may want to speak with a Wisconsin licensed attorney that practices family law and has experience in marital property law. Please ensure you provide her all the information. Good luck.
0 upvotes
Michael J. BriggsEstate Planning AttorneyOregon, WI ·
Not if there isn't a divorce or separation pending. Each spouse has an equal right to manage and control marital property. If your spouse is keeping stuff like this secret from you and you're not getting divorced you need a marriage counselor, not a lawyer.
0 upvotes
Richard Hart ·
Marital property is owned by both of you. Absent a pending divorce order, it is not illegal for either of you to remove marital property and not disclosed it location. But the property does belong to both or you. Once a divorce is filed, you will have a legal obligation to disclose the location of the property and to account for it. If you dispose of the property, you will have to account for it. If there is a divorce pending, the removing and failing do disclose the location of the property will violate the pending divorce orders.
0 upvotes

People Also Asked