My hubby and i are seperated two weeks now .He emptied our joint account and canceled all credit cards we shared.I do in fact work actually making more money than him so half of that money is mine.I left because he slapped me across the face giving me a bloody nose he thought i was try to throw away his property.I left all my clothing except what i was wearing.I have been staying at a friends house and he has called threatening to throw out all my stuff can he leagally do this?We also have 4 dogs?
2006-12-18 05:42:31 · 24 answers · asked by Adelina R 1 in Family & Relationships ➔ Marriage & Divorce
He said if i dont come back home for good he would get ride of all my stuff .
2006-12-18 05:46:18 · update #1
We live in california
2006-12-18 05:51:06 · update #2
Reason for hitting me was i had a younger cousin 6 yrs old coming to visit and i was putting his old porn movies away in a box he thought i was throwing them out.
2006-12-18 05:53:07 · update #3
if you live in a community proptery state, yes he can legally do all that stuff. HOWEVER your attorney can argure emotional and phyical abuse when you go for your divorce. I'd not even consider for 1 second going back, even if you lose ALL your phyical proptery. As crass as it sounds, it's all "stuff" and is replaceable. The dogs, altho living creatures are NOT your kids and are not worth fighting / losinf life or limb over. Let them go. Find the local domestic violence shelter in your area and ask about your options.
2006-12-18 06:10:16 · answer #1 · answered by flutteredonby 2 · 0⤊ 0⤋
Yes, he can empty joint accounts and cancel joint credit cards. Once, you've been to court, there are some limits on that, but not as long as you are married. The abuse will not help much in the divorce settlement, but may help you get a restraining order. I would have a friend accompany me to get my stuff (or just have the friend pick up stuff) ASAP. Call the local battered women's shelter for help. They know a lot more about local rules, and will provide emotional support. You've got a lot of decisions to make and need someone knowledgable on your side.
2006-12-18 05:51:41 · answer #2 · answered by angel_light 3 · 0⤊ 0⤋
I don't believe there is a law against throwing someones clothes out... but I would attempt to get my stuff back. Just go with the police to clean your stuff out so you will have backup in case he gets violent. He cannot stop you from entering your own house. A good indication of just what he is really like was when he emptied the joint account. Run and don't look back.
2006-12-18 05:49:00 · answer #3 · answered by mayihelpyou 5 · 0⤊ 0⤋
I had a co-worker that happened to her...He emptied the bank account..As long as he has authorization to use the account, he can do so...The only way he can cancel the credit cards if he is the basic cardmember, meaning if he is the one who the account is under and you are just an authorized user of the card.....If you are the basic on your account, he can't cancel the cards....Even if you are the basic on the account, call the credit card company to open your own account and he will be held liable for your bills since he canceled the account.....He can't throw your things out if your name is on the lease or the house, he cannot kick you out, but if you are not on the lease, he can evict you but he has to go thru the courts....
2006-12-18 06:39:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No if you are his wife call the police and press charges. An officer will escort you to the house to get your belongings. How did he close your joint account? At my bank, both parties have to be there to open or close an account unless one is a minor. Also, stop talking to him. He is making your life hell with the communication. As for the dogs, if you cant keep them, take them to a shelter if you can, you probaly want to ask the police what to do about them. Dont do any of this unless you are serious about not going back b/c if it happens again, they will be slow to respond or will not respond at all.
2006-12-18 05:48:09 · answer #5 · answered by daprty1 2 · 0⤊ 0⤋
You need to get the law in your side immediately, tell the police he hit you, He calls and harnesses you, keep it simple, and talk to the cops calmly, clearly and focus on getting protection or restraining order against your husband.
Get a police escort to the house in order to get the rest of your stuff out,
As for your joint account you might be too late, but speak to your bank manager, and most importantly, open a new account that your husband has no access to.
and file for divorce.
Good luck.
2006-12-18 06:06:51 · answer #6 · answered by artist-oranit.com. 5 · 0⤊ 0⤋
Joint account I would say no. The clothes are probably another thing that would have to be worked out through a lawyer. If the house is in his name, I would suppose all property would be in his name too. These are all just guesses though, I would strongly suggest consulting a lawyer
2006-12-18 05:46:20 · answer #7 · answered by Booper 2 · 0⤊ 0⤋
No,no,no he ca not do that!He didn't close that account; he drained it with a Debit card, only trying to intimidate you.I don't know why some men pull the hoe move like that!Get the laws to take you to get your clothes,because they are not going to let you pack the whole house,they're going to tell you,that has to be settled in court!I'll go home and put 911 on speed dial, and when he get to tripping I'll have his a$$ escorted by the police,and live in my own damn house!!He's less of a man to do such thing!
2006-12-18 06:13:07 · answer #8 · answered by hot chocolate 3 · 0⤊ 0⤋
Isn't the law in California that everything is split 50-50 regardless of earning status? I would say you have criminal charges to press as well. What he did is assault and battery. He can throw yoru stuff out, just the same as if you threw away any of your belongings. I think you have to talk to an attorney immediately to make sure that all of your (yours and his) belongings are itemized, that way everything can be accounted for.
2006-12-18 05:58:50 · answer #9 · answered by Mark S 3 · 0⤊ 0⤋
Ask the police to go with you to your house and fetch all your possessions and by the way how about giving him a fat smack back. men who bully women are usually cowards anyway. He feels powerful over you, so take his power away from him!
A friend of mine had an abusive husband who beat on her for years. After separation he ame to visit her one day and was ready for another slap around session. This time she gave him such a hard smack that he flew across their double bed and landed on the floor on the other side. He couldnt believe she could smack so hard and was shocked. To this day he has never again lifted a hand to her, in fact he admires her for her strength! LOL
I dont say this is the best route to take, but its not a bad thing to do. Cowards like him are like jelly inside. Take his power away from him! Its pathetic behaviour regardless, but it is a cure!
On the other hand walk away and retain your dignity. You dont need a bully in your life! He needs counselling, but so do you!
Good luck!
2006-12-18 05:58:18 · answer #10 · answered by uniquechild 5 · 0⤊ 0⤋