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Can my spouse withhold my license and phone

Customer Question
can my spouse withhold my license and phone
Submitted: 3 years ago.Category: Family Law
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Answered in 5 minutes by:
5/20/2015
Family Lawyer: Ely, Counselor at Law replied 3 years ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,584
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation.
That depends - can you please tell me a little more about the situation and whether the court is involved (and if so, how)?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 3 years ago
no court is involved. we are trying to work thru some difficult times but she is now withholding my id and debit cards along with my phone that i use to run our business
Family Lawyer: Ely, Counselor at Law replied 3 years ago
Thank you.
Technically</b, she cannot hold on to your state identification as it belongs to YOU, only.
Technically, she cannot withhold the phone, unless her name is ***** ***** phone bill as well, or, she has ties to the the company, and the phone is in the company's name.
Realistically, the police are not going to get involved in this situation. The most they would do is say "ma'am give him back his ID." The phone, that is a civil matter. So even though what she is doing here is technically unlawful, I do not see her being arrested for it.
The best course of action may be a threat to file in suit under declaratory judgment, conversion, and/or writ of sequestration to get the items back. She may release it after being threatened with litigation.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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