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.
And of the items she took that was not agreed on she already sold it.
Message from the Lawyer
Hi there and thank you for your question,
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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
She also removed and sold the sleeping cot of 1 child, that i bought.
Message from the Lawyer
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
Message from the Lawyer
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.