How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102343
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Can my spouse withhold my license and phone

Customer Question

can my spouse withhold my license and phone
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(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.
Customer: replied 2 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
Expert:  Ely replied 2 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.

Related Family Law Questions