Can I Be Accused of Stealing Property I Own Jointly With My Spouse?
Baltimore criminal defense attorneys have made this argument in many contexts, in many courts, for many years. “If one has an ownership interest in the property and is entitled to possession one cannot steal it.” The strict answer to the questions “Can I Be Accused of Stealing Property I Own Jointly With My Spouse?” is of course. Anyone can be accused of anything. The better question, perhaps, is “Can I Be Convicted of Stealing Property I Own Jointly With My Spouse?” This article explores the concepts.
Common Types of Jointly Owned Property In Baltimore
- Real Estate: The most common form of jointly owned property is real estate, such as a family home.
- Bank Accounts: Married couples often hold joint bank accounts with rights of survivorship, allowing either spouse access and ensuring funds transfer automatically upon death.
- Personal Property: Tangible assets, like vehicles or valuable possessions, can also be jointly owned if explicitly titled or designated as such.
Seasoned criminal defense attorneys in Baltimore have long taken advantage of statutory defenses to gain favorable verdicts for their clients. It is a defense to a theft charge that the defendant honestly, and in good faith believed they had the right to possess the property of another, but, can I Be Accused of Stealing Property I Own Jointly With My Spouse? Knowledgeable Baltimore criminal defense attorneys also recognize a defense where the property allegedly stolen belonged to one’s spouse– unless those individuals are separated. If one has an ownership interest in the property and is entitled to possession one cannot steal it. The same logic should apply to jointly held property outside the bounds of matrimony.
Baltimore Marriages. Key Features of Tenancy by the Entirety
- Unity of Ownership: Both spouses are considered to own the property as a single legal entity. Neither spouse can unilaterally sell, transfer, or encumber the property without the other’s consent.
- Right of Survivorship: Upon the death of one spouse, the surviving spouse automatically inherits full ownership of the property, bypassing probate. This ensures seamless transfer of ownership.
- Protection from Individual Creditors: Creditors of one spouse cannot seize or place liens on property held as tenants by the entirety to satisfy individual debts. However, joint debts may expose the property to creditor claims.
Alternatives to Tenancy by the Entirety
Others hold property as joint tenants or tenants in common, though these arrangements may be less common. Joint tenancy includes a right of survivorship but lacks some creditor protections, while tenancy in common offers no survivorship rights. However, the same considerations of joint interest and intent are involved in answering the question “Can I Be Accused of Stealing Property I Own Jointly With My business partner?”
Legal Considerations
Properly titling property is crucial to ensure the desired form of ownership. Partners should understand the risks and benefits. Couples should also review estate plans and financial arrangements periodically to account for changes in their marital status, financial situation, or state laws. While it might be a remote consideration, ownership allocation for civil and potentially criminal responsibility is a valid planning consideration. Even seemingly simple cases can be complex at trial. I’ve tried hundreds of cases over the years. I extend a complimentary case analysis and opinion about their legal case to those that consult with me. Please call me today to arrange a meeting.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
