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I recently came home from Iraq, and my wife whom I was suppose to beable to trust was not here. She opened accounts in her own name and wrote checks out of our account to it, she even managed to get my payroll out of my account the day after i returned leaving me zilch. She bought a truck that i would not have done because it was double the payments of our car, she loaned her parents money that i would not have done, I could go on forever. I know there are laws protecting the eldely from being cleaned out and recourse if they did, but what about us military? You are suppose to trust your spouse.

2006-12-14 13:29:34 · 6 answers · asked by Financially gone 2 in Family & Relationships Family

6 answers

This is so awful! I truly suggest you get legal advice, because while I practice from time to time as a paralegal, my understanding MAY be lacking something that you could do. I've read & re-read & I can't imagine. 1. You say Abuse of Power of Attorney; but Power of Attorney & spouse are not the same, unless you had a legal power of attorney drawn., which I'm not sure is possible in a marriage--it "may" be. 2. What she did was immoral, but I can't see any "fraud" here in the legal sense. 3. As you wife, she had the "right" to open accounts. "...wrote checks out of OUR account.." if you had a joint account, that gave her "legal" access to it. Then you say: "...even managed to get my payroll out of MY account..." THAT would be another matter. Did you have an account in both your names, AS WELL AS an account in your name only? If you had an account in your name only, (no signature card with her name), then you have grounds for her taking out your payroll. I "assume" you're going to divorce this woman (for deplorable behaviour) in any case. I think you should definitely get counsel from someone who specializes in this kind of abuse. It's a whole different ballgame with "the elderly." A spouse has a great deal of freedom (legally) to do anything they choose that doesn't require YOUR signature on a DOCUMENT, like, sell the house, or a vehicle, for example, if title is in both your names. You also said she wasn't "here" when you returned. That's one aspect that could help you regarding her "intentions" but I wouldn't venture to say to what degree. Just keep it in mind when you get counsel, as a relevant question to ask. Yes, one should be able to trust their spouse. This is very sad, & I hope you can find someone to help. From the information you gave, it doesn't look too optimisitc in most areas. I wish you all the luck in the world...

2006-12-14 14:18:15 · answer #1 · answered by Valac Gypsy 6 · 0 0

Jeez, am so very sorry to hear this. I'm Canadian and was married to a military man here. Your laws are most probably different, but I would agree with the JAG answer. This needs to be reported and soonest - get all the paperwork you can. Some universities that offer the law program also have student legal services and that might be another way to go - they don't charge, are enthusiastic and it is a learning tool for them as well.

Take care and best of luck with this. I wish this wasn't the first time I had heard a story like this (and, as you know, our military is MUCH smaller).

2006-12-14 13:47:34 · answer #2 · answered by aquiellez 3 · 0 0

Sorry for your sad welcome home. Thank you for your service. Assuming you are still in the service I would contact their lawyers and see what they can do. I am sure that they know how to approach this. I have heard that there is such a thing as abusing power of attorney and I hope they can help you. My wife at the time filed for divorce a week before I returned from 'Nam. Good Luck.

2006-12-14 13:37:27 · answer #3 · answered by Anonymous · 0 0

i would think there is a difference between having power of attorney and abusing that whch is what was done to you..definetely get in touch with an attorney..i hope you can work this out

2006-12-14 14:10:18 · answer #4 · answered by charmel5496 6 · 0 0

did you provide her a "sparkling examine" to do as she needed or did you tell her, right it is my power of lawyer to pay the costs and emergencies? no remember who she is she isn't allowed to spend money that you probably did not enable her to. if i have been you i ought to search for suggestion from a lawyer on the double!!! good luck!

2016-11-30 19:17:52 · answer #5 · answered by Anonymous · 0 0

i don't have an answer, but if i was you... i'd go to JAG... i'm military too... good luck

2006-12-14 13:32:53 · answer #6 · answered by brandiamour 2 · 0 0

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