a ? for the lawyer types

[Calamity Jane]

In general (I realize the law may vary by state), if I were to take my children, my horses, my horse trailer and my truck, and leave.... am I breaking any laws?

The horses are in my name only, the trailer is in both our names, and I think the truck is too. I think that everything is considered community property (except the kids, which I realize aren't property at all).

Anyway, I'd hate to be charged with kidnapping, grand theft auto, and whatever you're charged with when you take off with $8000 worth of horse.

 

[Mischka]

Even if the property is in your name, if community funds were used to purchase or maintain the property, then the presumption is that the property belongs to the community. I'm still in the larva stage (and not a full fledged lawyer), but I believe you are allowed to use property that belongs to you, and you have a one half interest in all community property (just as your spouse does). The catch is that you may have to reimburse your spouse for his share upon dissolution of the marriage.

This is a complex issue, especially considering that you are leaving the state. You need to talk with an attorney in person about this one and get things cleared up in advance. A qualified attorney will also be able to tell you which jurisdiction will favor you in divorce proceedings (the old state or the new state).

 

[Guest]

I am not a lawyer, nor even a lawyer type. But I would consult one before I did that. Better to spend a few bucks in advance, than a few years in jail.

 

[Fly_On_Wall]

My cousin with through the problem with his wife takeing off with the kids. if there is curently no custidy battle it's not kidnapeing. His wife took off and he wanted to see their son. the cops could do nothing to force the child back... Eventualy things worked out and she gave up all rights to their son though cause she was never a good mother in the first place.