NCJ Number
136580
Journal
Journal of Family Law Volume: 30 Issue: 1 Dated: (1992) Pages: 135-153
Date Published
1992
Length
19 pages
Annotation
In applying laws regarding drug asset forfeiture, courts must allow spouses to demonstrate their lack of knowledge or consent and not penalize innocent spouses who failed to inquire fully into every aspect of the guilty spouse's life.
Abstract
On the other hand, an innocent spouse should not defeat the government's valid interest because of State property laws. The specific changes needed include redefining the knowledge or consent standard, expanding the definition of property to include various equitable interests in forfeited real property, and clearly stating in the Federal laws that they supersede the property definitions in State laws. This approach would be more effective than other proposed solutions, because it would shield spouses who may have been merely negligent or who have refrained from action because of fears of retaliation. Thus, it would more accurately reflect the realities of marital life, would more adequately protect innocent spouses, and would provide a means for them to escape from marriages that drug abuse has strained. The need for such a solution is demonstrated by recent court cases involving civil forfeiture laws. Several recent cases have imposed a high burden on spouses who seek to avoid forfeiture of property. 116 footnotes