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My wife ran off with my portion of our renters insurance

check I lost alot of...
My wife ran off with my portion of our renters insurance check I lost alot of precious items in a recent break in she also maxed out my credit cards before leaving now I'm struggling to pay rent and bills what legal action can i take against her I signed the check and we deposited into her account she took advantage of my trust I just want my portion I'm hurt by her leaving but even more hurt because she stole from me
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: We live in Missouri
JA: Has anything been filed or reported?
Customer: No because I don't know what direction to go in
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that is all I can think of
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Answered in 1 minute by:
9/26/2017
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,458
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this; can you tell me if a petition for divorce has been filed; if not do you intend to do that?

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Customer reply replied 3 months ago
Do I have any legal legs to stand on in this situation i did not authorize her the right to keep my portion and I'm now unable to replace my list items or pay off the credit card she maxed out?

Thank you for your patience; there is a long line of cases in Missouri, beginning with Willott v Willott, where a spouse can sue the other for a tort. (ie negligence, personal injury)

I cannot locate similar cases that apply to breach of oral or implied contracts; in which case the court can impose a constructive trust on the misappropriated money.

Normally when one spouse misappropraites money, the court gets jurisdiction by virtue of the wronged party filing a petition for divorce, and requesting the court to offset the wrongfully taken money with other assets;

However, I did find a similar case where the court found the spouse breached their fiduciary duty to the other spouse when the spouse convinced the other to transfer money without due cause; that case is:

Rajanna v. KRR Investments, Inc., 810 S.W.2d 548 (Mo. App. 1991).

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Customer reply replied 3 months ago
Thank you so basically I would need to file for divorce is what your saying?

No one can file a breach of fiduciary duty based on the wrongful appropriation of money that was marital property; but normally the courts do see these types of suits in conjunction with a divorce suit; but they do have legal authority to hear it outside that venue.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,458
Experience: Just Answer consultant at Self employed
Verified
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Customer reply replied 3 months ago
I don't intend to file for Divorce i don't believe in divorce but my wife might file and I will sign the papers but she must give me what mine first i really appreciate your answers you have been very helpful
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legalgems
legalgems
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