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Mr Lofton
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience:  30 years of experience as a counselor and trial lawyer
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can you sue your wife or soon to be ex wife for fraud, ...

Customer Question

can you sue your wife or soon to be ex wife for fraud, embessaling and theft? Already filed the divorce papers
Submitted: 8 years ago.
Category: Legal
Expert:  Mr Lofton replied 8 years ago.

Most states you cannot sue your spouse - some states allow it but only if there is liability insurance covering the spouse you are suing. Why not get the $$ back through the divorce case, or file criminal charges and have the judge order her to make restitution in the amount she has stolen?

All the best,

Mr Lofton and 5 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Mr Lofton's Post: how would I do that? should I wait till the divorce is over of do it very soon. What about the criminaol charges? What would I charg her with?

Expert:  Mr Lofton replied 8 years ago.

No, don't wait just ask the divorce judge to take into consideration what she did so you end up with more of the marital assets to compensate you for your loss. I wo uldn't pursue criminal charges, since a wife really can't steal from her husband.