Does A Wife Steals From Her Husband? - Romance (2)

Does A Wife Steals From Her Husband? - Romance (2) - Nairaland

Nairaland Forum › Nairaland General › Romance › Does A Wife Steals From Her Husband? (3725 Views)

Re: Does A Wife Steals From Her Husband? by dollytino4real(op): 11:45am On Sep 08, 2017

Tolexander:
so na by stealing my money?

Why can't she be replenishing my money instead, if we have become one?

sha man money dey sweet to spend. that is taking not stealing

Re: Does A Wife Steals From Her Husband? by Chidonc(m): 12:49pm On Sep 08, 2017

priceless20:
Legally a wife cannot steal from her husband, consent or no consent! But in the biblical sense, its stealing and a sin

to me it depends on the motive and purpose for which the money is taken, e.g ur husband is not at home and there are pressing issues to tackle, u can take and explain when he comes, am sure he would understand. but in a case where your husband is looking for a said amt and it is in ur possession and u denied taking it, that is stealing even though he is yout spouse.

Re: Does A Wife Steals From Her Husband? by MrBrownJay1(m): 1:46pm On Sep 08, 2017

priceless20:
When a spouse takes from another without consent is not stealing, neither is having sex forcefully or without consent rape. It only becomes stealing or raping when done outside marriage

if thats what you believe, and you are a woman, then i do feel sorry for you... so you mean to say that if you aint in the mood for sex, are sikc or injured, and you husband demands sex, you will unwillingly have sex with him and/or let him rape you?!

sex (whether married or not) should be consensual, the minute you are forced against your will to have sex then it is rape (whether married or not)

the same shiit with stealing... if you take something without the consent of your partner then it is indeed stealing. if your husband has a private bank account for rainy days (or whatever) and you decide to take from it without his consent (to buy brazilian hair) then stealing it is, whether you are married or not.

Re: Does A Wife Steals From Her Husband? by priceless20(f): 4:57pm On Sep 08, 2017

MrBrownJay1:
if thats what you believe, and you are a woman, then i do feel sorry for you... so you mean to say that if you aint in the mood for sex, are sikc or injured, and you husband demands sex, you will unwillingly have sex with him and/or let him rape you?!

sex (whether married or not) should be consensual, the minute you are forced against your will to have sex then it is rape (whether married or not)

the same shiit with stealing... if you take something without the consent of your partner then it is indeed stealing. if your husband has a private bank account for rainy days (or whatever) and you decide to take from it without his consent (to buy brazilian hair) then stealing it is, whether you are married or not.

Mr. man, keep your sorry to yourself! did you read where I said its wrong biblically? many countries have adjusted their laws but Nigeria seems to be backward! as bad as it seems that's the law wether you agree or not and pls don't use me as ur example, I didn't say its right!!!

Re: Does A Wife Steals From Her Husband? by priceless20(f): 5:01pm On Sep 08, 2017

boostdom:
What's the interpretation? That there is no criminal responsibility between spouses in a Christian marriage?

While largely disposed of across the country, the concept of tort interspousal immunity may impact a claim for theft or fraud. This legal concept arose out of the belief that the married couple was one person, typically the identity of the male. Therefore, the law opined that a spouse should not be able to sue himself. Additionally, courts theorized that spouses suing each other would lead to disharmony in the marital home. in other words, there is no criminal liability btw spouses in a Christian marriage I.e a marriage that meets the requirements as stipulated by the matrimonial causes act

Re: Does A Wife Steals From Her Husband? by Nobody: 5:10pm On Sep 08, 2017

priceless20:
While largely disposed of across the country, the concept of tort interspousal immunity may impact a claim for theft or fraud. This legal concept arose out of the belief that the married couple was one person, typically the identity of the male. Therefore, the law opined that a spouse should not be able to sue himself. Additionally, courts theorized that spouses suing each other would lead to disharmony in the marital home.

Is this from a decided case? Give me citations of interpretations and their decided cases that there is no criminal responsibility in a marriage in Nigeria. If such data is not handy from Nigeria, give me from another country whose judiciary is based on the common law.

I am not a lawyer, are you one?

Re: Does A Wife Steals From Her Husband? by Sierusvirus(m): 6:03pm On Sep 08, 2017

dollytino4real:
so cash is not among the one they become?

They are two different things, stealing and marriage.
God said "ask and you shall receive, why didn't he say " steal and make it your own"

Re: Does A Wife Steals From Her Husband? by Tolexander: 8:04pm On Sep 08, 2017

dollytino4real:
sha man money dey sweet to spend. that is taking not stealing

When our children start taken her money without her consent, hope you know it is a sin to beat them?

Re: Does A Wife Steals From Her Husband? by dollytino4real(op): 9:35pm On Sep 08, 2017

Tolexander:
When our children start taken her money without her consent, hope you know it is a sin to beat them?

till then my bros

Re: Does A Wife Steals From Her Husband? by dollytino4real(op): 9:38pm On Sep 08, 2017

Sierusvirus:
They are two different things, stealing and marriage.
God said "ask and you shall receive, why didn't he say " steal and make it your own"

ok i hear u sir

Re: Does A Wife Steals From Her Husband? by priceless20(f): 8:54am On Sep 09, 2017

boostdom:
Is this from a decided case? Give me citations of interpretations and their decided cases that there is no criminal responsibility in a marriage in Nigeria. If such data is not handy from Nigeria, give me from another country whose judiciary is based on the common law.

I am not a lawyer, are you one?

I'm a law student
The question here to be considered is whether or not as the law stands today in Nigeria, acts by a spouse against the other's property, which would be criminal if committed against the property of a third person, are crimes. Such acts at the common law were not crimes because in contemplation of law husband and wife were one. But today, in many jurisdictions where the wife is almost completely emancipated the courts have continued to hold that neither spouse may be guilty of larceny or embezzlement of the other's property .Apparently this result is not logical, for if the spouses' immunity rested upon the "unity" concept, a destruction of the elements which constituted the unity should, a fortiori, also destroy the immunity. Nevertheless, a "legal", if not logical, reason may be found. The common law rule as to immunity has rarely, if ever, been expressly altered by the married women's enabling acts. These statutes are in derogation of the common law, and hence are to be strictly construed.16 Giving to these statutes a strict construction will result only in an alteration of the rights of the spouses, but will not give the state a right which it may protect by criminal proceedings.'This affords a technical, but certainly not a satisfactory, reason for the refusal of the majority of the states to abandon the old rule of immunity. It is more than likely that social policy has always been at the bottom of the immunity although the courts have found it easier to attribute it to the fiction that husband and wife are one person. State v. Phillips.22 In this case the court held that the married women's enabling acts should not be construed to extend beyond their necessary intendment, and that the common law rules prohibiting civil actions between spouses and giving a spouse immunity from criminal prosecution for injuries to the other's property should be abrogated only by clearly expressed legislation. The court went beyond this,however, and assigned social interest in the family relation as an additional reason for reversing the conviction of the defendant wife for larceny. In this connection the court said:Moreover, the unity of husband and wife as recognized in the common law, is founded not merely on a community of goods, but upon the recognized obligation of both to the family and to society. The unit of society is not the individual but the family; and whatever tends to undermine the family, by their repealable laws of nature will crumble and destroy the foundations of society and the state. So that the peace and sanctity of the home and family are the ultimate reason for the common-law rule. We do not think that we can safely hold by mere inference that the Legislature has taken such a long step in the direction of destructive legislation.In another leading case the Supreme Court of held that a wife could not be guilty of larceny of her husband's property.The court took the view that although the rule of strict constructionof criminal statutes in favor of the accused no longer prevails, the "fair import" rule did not justify the creation of a crime by implication, from the married woman's act.

Re: Does A Wife Steals From Her Husband? by priceless20(f): 9:06am On Sep 09, 2017

in an early case, Snyder v. People, the Supreme Court of Michigan reversed a conviction for arson of a husband who had burned his wife's house. Title to the house was in the wife, but it was not clearly shown on trial whether it was the dwelling of both spouses. The court apparently held that if the husband lived in the house with his wife it was his dwelling and, hence not "the dwelling-house of another" within the meaning of the arson statute, but that it would not be his dwelling if he were living apart from his wife. This reasoning seems to have been the basis for the reversal of the conviction,but the court also referred to the common law rule that a husband cannot be guilty of arson in burning his wife's house, and considered the effects of statutory changes in the rights of married women,saying :As regards her individual property, the law has done little more than to give legal rights and remedies to the wife, where before, by settlement or contract, she might have established corresponding equitable rights and remedies, and the unity of man and woman in the marriage relation, is no more broken up by giving her a statutory ownership and control of property, than it would have been before the statute, by such family settlement as should give her the like ownership and control. At the common law, the power of independent action and judgment was in the husband alone; now it is in her also,for many purposes; but the authority in her, to own and convey property, an sue and be sued, is no more inconsistent with the marital unity, than the corresponding authority in him.In this opinion appears the view that the unity of husband and wife does not consist solely of property rights

Re: Does A Wife Steals From Her Husband? by Nobody: 9:23am On Sep 09, 2017

Hmmm. Priceless20, you have not won yet. This looks edited. Just state the decided cases for me to look them up and I'll also look for the cases that support my view.

Re: Does A Wife Steals From Her Husband? by priceless20(f): 10:25am On Sep 09, 2017*

boostdom:
Hmmm. Priceless20, you have not won yet. This looks edited. Just state the decided cases for me to look them up and I'll also look for the cases that support my view.

yes it was copied from a file , those are decided cases, this is the citation
Snyder v. People, 26 Mich. 106 (1872).
Troare v. McClelland,43 a habeas corpus proceeding before theSupreme Court of Albany County. The relator, Dorothy Troare, was charged with grand larceny, first degree, in violation of Section 1294,subdivision 2, of the Penal Law,44 for allegedly taking and carrying away from her husband eighty dollars. The sole question raised by the application for a writ of habeas corpus was whether or not a wife may be guilty of larceny of her husband's property. The court stated the common law rule and held that unless abrogated by statute it re-mains in force. Finding no derogatory statute, the court said :The penal statutes of this state must be strictly construed and if the legislature intended that one spouse could charge the other with such crime, it should have used such language as to have left no room for doubt. The Legislature had power to enact a statute that would cover a situation of the character here presented. It evidently did not see fit so to do. The court found no New York case to be "precisely in point", and quoted freely from State v. Arnold, Snyder v. People, supra,and State v. Phillips, supra

Re: Does A Wife Steals From Her Husband? by sekxyqueen(f): 10:43am On Sep 09, 2017

dollytino4real:
the married ones said they don't steal from their husbands pocket dat it is their right while the single ones said is stealing because their husband did not give to them

it's not,,they are one, that's why most of the married couples have joint accounts.

Re: Does A Wife Steals From Her Husband? by Sierusvirus(m): 11:28am On Sep 09, 2017

dollytino4real:
ok i hear u sir

You welcome Ma

Re: Does A Wife Steals From Her Husband? by babyfaceafrica: 12:40pm On Sep 09, 2017

priceless20:
yes it was copied from a file , those are decided cases, this is the citation
Snyder v. People, 26 Mich. 106 (1872).
Troare v. McClelland,43 a habeas corpus proceeding before theSupreme Court of Albany County. The relator, Dorothy Troare, was charged with grand larceny, first degree, in violation of Section 1294,subdivision 2, of the Penal Law,44 for allegedly taking and carrying away from her husband eighty dollars. The sole question raised by the application for a writ of habeas corpus was whether or not a wife may be guilty of larceny of her husband's property. The court stated the common law rule and held that unless abrogated by statute it re-mains in force. Finding no derogatory statute, the court said :The penal statutes of this state must be strictly construed and if the legislature intended that one spouse could charge the other with such crime, it should have used such language as to have left no room for doubt. The Legislature had power to enact a statute that would cover a situation of the character here presented. It evidently did not see fit so to do. The court found no New York case to be "precisely in point", and quoted freely from State v. Arnold, Snyder v. People, supra,and State v. Phillips, supra

lolz..1872....

Re: Does A Wife Steals From Her Husband? by babyfaceafrica: 12:41pm On Sep 09, 2017

sekxyqueen:
it's not,,they are one, that's why most of the married couples have joint accounts.

how did you come up with most..do you have stats?.......how many of your "most'' doesn't have personal account?

Re: Does A Wife Steals From Her Husband? by babyfaceafrica: 12:44pm On Sep 09, 2017

All these one is story.... When children steals from parents ,it is frowned upon..but when a wife or husband steals from his or her better half..some people say it is okay... Stealing is as worse as cheating.if you need money ask..if he doesn't give..look outside..if you take without permission.. It shows dishonesty

Re: Does A Wife Steals From Her Husband? by MrCork: 1:02pm On Sep 09, 2017

dollytino4real:
the married ones said they don't steal from their husbands pocket dat it is their right while the single ones said is stealing because their husband did not give to them

Re: Does A Wife Steals From Her Husband? by MrCork: 1:05pm On Sep 09, 2017

dollytino4real:
the married ones said they don't steal from their husbands pocket dat it is their right while the single ones said is stealing because their husband did not give to them

.SMH..but y would u steal from people s husbands...r u a thief?(((this is sad))) undecided

Re: Does A Wife Steals From Her Husband? by priceless20(f): 1:53pm On Sep 09, 2017

babyfaceafrica:
lolz..1872....

some of the laws our legislators incoperate are even older than that

Re: Does A Wife Steals From Her Husband? by dollytino4real(op): 3:23pm On Sep 09, 2017

MrCork:
.SMH..but y would u steal from people s husbands...r u a thief?(((this is sad)))

no sir, u are my tutor in thiefing things

Re: Does A Wife Steals From Her Husband? by handsomebanana(m): 4:53pm On Sep 09, 2017

Nma27:
Two have become one.

Wetin u dey talk?

If e collect 4rm ur own too without consent, shey be xame tin u dey talk.

Una nor dey tink b4 typing

Re: Does A Wife Steals From Her Husband? by handsomebanana(m): 4:54pm On Sep 09, 2017

priceless20:
Legally a wife cannot steal from her husband, consent or no consent! But in the biblical sense, its stealing and a sin

Legally??
Were dere ryt am?

ND even if u fit convince urself of d mata, shey d mata still goes both ways

Re: Does A Wife Steals From Her Husband? by Nobody: 4:58pm On Sep 09, 2017

handsomebanana:
Wetin u dey talk?

If e collect 4rm ur own too without consent, shey be xame tin u dey talk.

Una nor dey tink b4 typing

There are some couples that are open like that as long as u let ur partner know. I could want to rush off to shoprite to buy prawns and open up his drawer and take some cash; is that stealing? Intention matters. Who would want to steal from a loving husband?

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