Hello, I have a girlfriend who is in the process of the divorce, she has been the weaker one in the relationship.
The man now is saying he will get her for fraud for transfering money from his account to thier shared one, and this was before they were even thinking divorce, and he knew of it,it was to pay bills, but now is trying to claim, fraud...............does he have a case with this?
Any answers is appreciated.
Thank you.
2007-04-26 09:48:24 · 16 answers · asked by Pandora in blue jeans 2 in Family & Relationships ➔ Marriage & Divorce
If she was legally able to transfer money from the first account to the other one, then she obviously is titled on both accounts, and is an owner or authorized signer on the account. Short of a court order prohibiting her from touching the money, he doesn't have a leg to stand on.
If she did not LEGALLY transfer the money (meaning she used HIS telephone PIN or online code or something like that) to transfer the money, then she can be liable for theft and/or fraud.
Your friend should contact her attorney immediately and explain all the circumstances. The advice of well-intentioned people (including myself) on Yahoo! Answers is no substitute for a good attorney.
2007-04-26 09:53:30 · answer #1 · answered by Scotty Doesnt Know 7 · 0⤊ 0⤋
Tell her not to let him scare her, its part of being abusive, he must want something. Law states when you are married, everything is 50 50. There is some way that she was able to transfer the money, it is his responsibility to keep the info private if he didn't want her to have it. He doesn't have a leg to stand on, besides, he wouldn't pass a lie detector test and will end up getting into trouble for lying.
2007-04-26 17:05:21 · answer #2 · answered by krisaylalynnays 1 · 0⤊ 0⤋
No he can't do anything. What proof does he suppose to have saying it's fraud? I don't see a case being formed against her. They can't do anything. Have her to call a divorce lawyer and ask some questions to make sure.
2007-04-26 16:52:59 · answer #3 · answered by beaddiva 5 · 0⤊ 0⤋
If they live in a community property state he hasn't a snow balls chance. If they don't live in such a state, she will need receipts for who much she transferred what and how much she spent. Besides the state decides if its fraud or not not her husband.
2007-04-26 16:54:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He doesn't know as much as he thinks he does. They are married, it's community property. He's just trying to scare her and probably control her. Tell her to get the divorce over with as soon as possible, he sounds like a real jerk.
Wish her luck for me!!!!
2007-04-26 16:54:01 · answer #5 · answered by DeltaQueen 6 · 0⤊ 0⤋
Hellz nah haha i'd like to see him try...in court she would easily be able to prove the money was for paying bills...if they were already divorced then there would be a problem but while there still married i dun think so..he's prob just trying to scare her....no worries
2007-04-26 16:53:04 · answer #6 · answered by Bryan O 1 · 0⤊ 0⤋
He's got no chance. In a marriage all goods are common property. She could only have transferred the money with his consent.
2007-04-26 16:52:20 · answer #7 · answered by tucksie 6 · 0⤊ 0⤋
Whether "his" account was shared or NOT, if it had any money that was earned during the marriage in it, then anything in HIS account is half hers too! (if she's in a community property state.)
2007-04-26 16:51:54 · answer #8 · answered by a_lot_smarter_now 4 · 0⤊ 0⤋
He must of given permission to the bank for her to do this. She got his account number and password from him and It would probably be his burdon of proof. Community state and property protect us. Tell him to go for it. Tell her to get a lawyer and calm down.
2007-04-26 16:53:28 · answer #9 · answered by stormey_84074 3 · 0⤊ 0⤋
I think that depends state by state. Also, was there any kind of pre-nup?
In California the law is common property. 50/50 period. Other states vary
2007-04-26 16:51:32 · answer #10 · answered by Anonymoose 4 · 0⤊ 0⤋