i want to divorce my husband and i have recently sold my buisness and the money from the sale has gone into his bank account. i have his cash card and want to withdraw half the money so that i can rent a property for me and my son to live in whilst the divorce is going through. i want to withdraw half would this be classed as fraud as it is his account but legally it is my money, but as a married couple i go to the bank for him all the time
2007-01-15 07:08:52 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
the money from the sale of my business went into his account because he is very controlling and that is what he wanted...i am divorcing him because he is an alcoholic and for the last 9 years he has mentally abused me...i am now strong and i am doing this for myself and our son
2007-01-15 07:40:12 · update #1
its illegal to take money out of his sole account but id advice you to see a solicitor and say whats happened so that the money can be frozen if possible until its sorted out between you both.you really need professional help on this one.good luck
2007-01-18 20:14:41 · answer #1 · answered by lou 2 · 0⤊ 0⤋
Technically, it's woo % your and 100% his right now. However, if you withdrew half in anticipation of divorce, you'd have to pay half back......so, if you take 50% now, you will be completely fine.
If your name is not on the account, but he has given you a debit card, then he has expressly given you permission to access the account--plus, it's from the sale of your business anyway--
Take the money and then go ahead and tell him so he doesn't start bouncing things and get really mad. He'll be upset enough that you are leaving, but this way you are least being up front and fair to him.
Good luck!
2007-01-15 07:20:39 · answer #2 · answered by kathylouisehall 4 · 0⤊ 0⤋
You cannot legally use your husbands bank card.Imust ask you why you deposited your money into his account if you are getting divorced in the first place.
From my own experience of divorce,if I had to do it again,I wouldn't use a solicitor.They are the only people to benefit from a divorce.They will play you 2 against eachother so as to stir up hatred between yourselves and drain the pair of you financially.
If you can sit and talk things out,you will both be better off.
Solicitors are vultures who thrive on other peoples misfortune,they are only out to line their own pockets.
You can gleen much advice on the internet,and even complete your own divorce paperwork yourself,papers are available from your local court.
Good luck....
PS try to act as adults in all this,and remember your son needs the both of you,be pleasant for his sake and no one elses.
2007-01-15 07:29:59 · answer #3 · answered by freddy 2 · 1⤊ 0⤋
probably in some distorted way there could be fraud charges. I do not really think that they would even be considered since you are married and it was your business (why would you stick the money in his account and not one your name was since it was your business in the first place?) and you go to the bank for him all the time anyway. I would do it, because he could legally take the money and not have to even pay you your half until the divorce is finalized.
2007-01-15 07:16:18 · answer #4 · answered by siriusblackpearl 2 · 0⤊ 1⤋
It probably is bank fraud if you are not authorized, in writing, as a user of that account.
Why did you put the money from the sale of your business into HIS account?
I would check with your divorce lawyer, BEFORE you take any action.
Is this your son or a son the two of you share?
If this is his son too, you cannot just take his son away from him. If you want to leave him, then leave, but if the son is his too, don't take away his daily access to his child.
2007-01-15 07:14:26 · answer #5 · answered by camys_daddy 5 · 0⤊ 2⤋
Take all the money especially if you are looking after your son.
Your hubby will just p1ss it away so why let him have it!
He probably won't support either of you so take the money and give your child some security and a reasonable chance of a stable life!
Poverty is not nice - believe me I've been there!
2007-01-15 09:51:04 · answer #6 · answered by kiku 4 · 0⤊ 0⤋
Cash cards have daily limits assigned to them. You can't withdraw half of an acct with a cash card unless its a really small acct.
2007-01-15 07:21:26 · answer #7 · answered by snack_daddy10 6 · 1⤊ 0⤋
take the whole lot and treat yourself and your son, call it compensation for the mental abuse. withdraw the money bit by bit so if he takes it to court claim it was him that took it and he won't have a leg to stand on.
2007-01-15 08:54:54 · answer #8 · answered by DONNAIS 2 · 0⤊ 0⤋
You are entitled to half of the marital assets, so you are entitled to half of what is in his bank account he can't do anything about it.
2007-01-15 07:59:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If you can prove that it is you money, and you haven't started the motions go for it, can't understand why you don't take all the money?
2007-01-15 08:16:23 · answer #10 · answered by Anonymous · 0⤊ 0⤋