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Roger, Attorney
Category: Family Law
Satisfied Customers: 31566
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Divorce: The wife works/has a business at home, and has people

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Divorce: The wife works/has a business at home, and has people who either work for or with her whose employment records are keep in business files in the home. Upon leaving/moving to an undisclosed address and prior to the Final Divorce Decree, the husbands takes at least some of the files containing
social security and tax ID numbers other documents of the wife's business associates - Note: The husband has no business role in the wife's Home Business. She is solely responsible for the protection of her business associates' files. IS THIS IDENTITY THEFT by the husband?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

This likely would not be considered identity theft UNLESS he actually used the information to impersonate one of these people or try to obtain credit, a loan, etc. in one of the names of these individuals. If he doesn't actually try to impersonate one of these people, there's probably no identity theft.

However, he could be charged with theft or trespass to personal property for taking the property, or at least conversion, which is the taking of property without permission. Also, you certainly should be able to recover the property from him. If he won't voluntarily return the property, the court should order him to do this.
Customer: replied 3 years ago.

What if he intended and/or attempted to use the information, in some way to gain personal advantage in the final divorce process?

If he uses the information in that way, it would likely be extortion. If the information is used for purposes of taking one's identity, then it would be identity theft.
Hi -

Please let me know if you have any additional questions. If so, I'll be glad to respond.
Customer: replied 3 years ago.

What if a third party stole the business files from the husband, and then used them for
identity theft. Could the husband be then help liable for ID Theft or at least complicit in
the crime?

Yes, he should have some liability because his unlawful possession of the information presented the opportunity for this third party to take the information and attempt identity theft by using the information.
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