I was recently asked whether one spouse can properly be charged with larceny for stealing joint property from the other spouse. Apparently, this question comes up frequently with separated spouses. For example, assume that Harry and Sally are separated. Sally lives at the house they formerly shared, and Harry lives in an apartment nearby. If Harry comes to the house one day while Sally's at work, and takes the BBQ grill from the back yard, has he committed a larceny? Generally, the answer is no. If the BBQ grill is joint property, not Sally's family heirloom that she had way before she met Harry, Harry has just as much right to it as Sally does, and if he wants to take it, he can. It isn't a larceny because it isn't the property of another. But there are some interesting caveats to that general rule. 1. Work-arounds. Sally can tell Harry, "don't come on this property ever again," and then Harry's trespassing if he comes to get the BBQ grill. And even absent such an instruction, if Harry goes into the house, there's likely a breaking or entering charge. So there are some things that Sally, as a practical matter, can do to keep Harry's paws off the grill. 2. Separation agreements. If there's a separation agreement in place that says that Sally gets the grill, then Harry's definitely committing a larceny if he takes it. Cf. State v. Lindley, 81 N.C. App. 490 (1986). 3. Not playing nice. The most [...]
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