My idiot of a soon to be ex husband decided that his last big revenge before seperation was to go on-line and transfer over half the money in our joint account into a personal one that he opened on-line! How is this legal? i can't image it is, and need to know who to call! Please help, I have two kids that will be staying with me, not to mention he's been abusive (at the very least emotionally) for years.!
2007-02-22 20:29:14 · 7 answers · asked by jenniferjwhite1979 3 in Family & Relationships ➔ Marriage & Divorce
Oh, let me add that I have him on video, and voice record with his abusiveness. Not to mention that the money in the account in question,80% of it came from a lawsuit I just won for a company giving me the wrond medications for months. That was my injury, not his!
2007-02-22 20:57:00 · update #1
It really depends on your state.
However GET THE REST OF THE MONEY OUT OF THE ACCOUNT NOW.
Then, get a lawyer and sue him for everything.
A good lawyer should be able to handle this.
2007-02-23 13:06:20 · answer #1 · answered by Jennifer Anne 4 · 1⤊ 1⤋
If that was your separate money it shouldn't have been co-mingled and certainly shouldn't have been where he had access to it. Have you taken him off your joint account so he can't go get the rest of it or better yet, opened a new account in just your name and transfer the rest of the money in it? Unfortunately once the money is gone, it's gone. He can say he spent it on moving .. whatever ... he just doesn't have it and you're out of luck. And you can't prove it was "sole and separate property" since you didn't keep it separate. However, what you can do (I'm not saying it's legal but just) is see if you can access this online account of his ---- you have all his personal info., social security number, etc. somewhere in your house. Did he open it using your computer? Even better -- search the history on your computer -- find it -- and you should be able to find a way to transfer it to your new account. Also, sometimes there's a wait period of a few days before money is transferred. If that is the case see if you can cancel the transfer. Or report an unauthorized transfer with your bank-- that will put an immediate hold on the funds. Good luck. I'm afraid the traditional "legal" avenues won't really work in your situation.
2007-02-23 00:09:34 · answer #2 · answered by GrnEyedBlondeSwede 2 · 1⤊ 0⤋
Tell your husband if is not about the money then keep separate accounts until you are 100% sure that he really wants to work things out. Don't let hin fool you. Maybe split bills between the two of you. When you gut feeling tells you is save to transfer the money to the joint account do it at that time. Follow your intuition is always right.
2016-05-24 01:35:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Where do you live? That makes a difference in the answer. IF you live in the U.S…
It’s perfectly legal for him to do this. Of course, when you go to court, the judge will take it into account when determining the property settlement (present whatever proof/documentation you have regarding the transfer), but hubby’s likely entitled to half the funds, because….
Once you placed the money into a martial account, it then became martial funds. You should have placed it into an account in just your name only (of course, it’s too late for that now). Then it *likely* would have been considered your separate funds (the laws on this do vary somewhat by state).
In regard to the previous responder’s answer…there is no stopping it now. Once the money is gone, it’s gone. If there was a waiting period, it’s now passed. It was not an unauthorized transfer. Your husband authorized it, and he had the legal right to do that because his name was on the account. But it is completely illegal for you to transfer funds from HIS account (an account that does not have your name on it) into your account. If you do this, it will not make a favorable impression on a judge, because…what he did was NOT illegal, but what you did (if you do it) IS illegal.
2007-02-23 01:02:46 · answer #4 · answered by kp 7 · 1⤊ 0⤋
Honestly hun, everything he did was legal. it was a JOINT account and since he has access to it he can take what he wants. You are lucky that he didn't take it all. And the next thing that you should do is take the rest and open another account just as he did. Because as long as he has access to the account he can take what he wants. it is 100% legal for him to do that.
The next step of action that you should take is go to you local Department of Social Services and apply for help in getting child support. One that gets the time of seperation documented for divorce. and Two it gets the help that you would need to make it ends meet in raising your children.
If he is abusive (physically) and there is court documentation on that he has been then you can probably arrange some sort of restraining order.
2007-02-22 21:01:37 · answer #5 · answered by angry@fate 2 · 0⤊ 0⤋
it depends on where you live, what the laws are there,and more important if anything is filed. If you filed before he took it out he may be in trouble. if he took out before you filed then he had that right, and while he may owe you something, the court will make that call and then he can pay you. if you filed then you need to tell your lawyer, and he will take the steps that need to be taken. However, I think your husband isn't an indiot, wish I had been that smart.
2007-02-22 20:46:17 · answer #6 · answered by Anonymous · 0⤊ 1⤋
it is legal b/c its his money too, but you can prob get it back, but you would have to go to court about it, but you would need proof that he has been abusive, and if they are his kids then ofcourse you can get child support if they are going to live with you over half the year, and also if he wouldnt let you work then you may be able to get alimony depending on your state laws
2007-02-22 20:48:43 · answer #7 · answered by Terry C 2 · 0⤊ 0⤋