divorce virginia
Destructive behavior before divorce
<p>If a spouse acts destructively, destroys property etc before divorce in order to prevent the other side getting it, is that illegal? Is it a vandalism offense or something similar?</p>

<p>It is both a crime, and a tort (conversion), when the spouse destroying the property is not the sole legal owner of the property (apart from an inchoate marital interest in a spouse's property), but is rarely addressed in either of these ways. More often it is viewed as &quot;economic waste&quot; and considered in the equitable distribution of marital property in a divorce.</p>
<p>When a spouse is the sole legal owner the property destroyed, it is usually not a crime or a tort, but may still be a consideration in an equitable division of property in a divorce. Typically, in separate property states, marital ownership rights only vest upon the filing of a divorce petition (or sometimes later).</p>
<p>The legal ownership of tangible personal property without certificated ownership, of married couples is often indeterminate in separate property states. There are competing presumptions. One is of joint ownership, another is that the purchaser of property is the owner, another is that the recipient of a gift is the owner, another is that the primary user of the property is the owner. Many of these presumptions can be overcome with other evidence such as testimony or documents. State law varies and I haven't researched Virginia in particular. Issues over who owns the property are an important reason that criminal charges are often not brought by prosecutors even when complaints are filed in these cases on the grounds that it is &quot;a civil matter.&quot; The tort remedy is often duplicative of the divorce court remedy.</p>
<p>In community property states, spouses have a present legal ownership interest in their spouse's marital property, regardless of how it is titled, but not in their separate property which is not subject to division in a divorce. Destruction of separate property of a spouse by its owner in a community property state would usually have no legal consequences under criminal, tort or divorce law, since it would only economically hurt the destructive spouse and would not impact the property division in the divorce.</p>
