Good DayMe and my wife are in the proces...

Asked by JOHAN DU PLESSIS on 04-04-2024 11:55:36
Question posted in the Divorce Law category relating to Western Cape

Good Day

Me and my wife are in the process with our divorce.

We did agree that she remove certain items from our home as agreed on paper.

After inspection, she remove far more items as agreed on.

What steps can i follow as i see this as theft.

Further information relating to Question:

And of the items she took that was not agreed on she already sold it.

Message from the Lawyer

Posted by Att. Patrick on 04-04-2024 12:40:30

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

The items that she removed without the agreement, were those her items (which she bought and owned) or were they your items (e.g. your mountain bike, or your laptop, etc which is yours)?

Message from the client

I bought it, it was my camping tent, gazebo, airfryer.

She also removed and sold the sleeping cot of 1 child, that i bought.

Message from the Lawyer

Posted by Att. Patrick on 04-04-2024 13:26:11

Can you please let me know how you are married and whether it is in community of property or out of community of property with the accrual?

Message from the client

out of community of property with accrual

Message from the Lawyer

Posted by Att. Patrick on 04-04-2024 14:57:20

Since you are married out of community of property with accrual, the law says that your estate is your estate and her estate is her estate. There is no joining of estates. So, your assets will remain your assets, while her assets remain her assets. 

This means that she can't simply take your assets and sell them. Those assets belong to you. 

She would therefore not be entitled to take your stuff and sell it. That would, as you point out, constitute theft.

Theft consists of the unlawful appropriation of moveable corporeal property belonging to another with intent to deprive the owner permanently of the property.

There is therefore no reason why you can't lay a charge of theft against her at the SAPS. You will just need to explain exactly what she took, and you will need to convince the SAPS that you were the owner of those items. 

Answer Accepted

This answer was accepted on 04-04-2024 15:01:07

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