2007-09-13 08:14:47 · 15 answers · asked by Reginald H 1 in Family & Relationships ➔ Marriage & Divorce
If your account is in both names without a restriction on withdrawal she can. The problem for her is that all assets are joint property so if she took it all she better be ready to give you half of it back. Keep good records and make sure you list all joint accounts and their amounts on your statement of assets. Also make sure you have proof that the money was there in the first place. Generally a divorce filing creates a court order that bars either party from disposing of assets.
You'll get your money back. Just fight the loss and don't give up. Tell your lawyer immediately about what happened.
The key is to have proof. You'll do fine.
2007-09-13 08:26:51 · answer #1 · answered by IveBeenThere 4 · 0⤊ 0⤋
During a divorce process, most courts issue orders to freeze or limit access to or use of accounts. It is BEFORE filing that people try to get money moved out of joint accounts so that they control money while they fight over who gets what.
2007-09-13 08:29:24 · answer #2 · answered by BAL 5 · 0⤊ 0⤋
She can, but she can't do it - it's against divorce law. According to the law, while in the process of divorcing, you both must record every penny you have as an asset so you both can split it equally. Since she took it all out, and you have nothing, then the court can kick her butt for it and force HER to pay YOU alimony.
2007-09-13 08:41:22 · answer #3 · answered by Katherine J 3 · 0⤊ 1⤋
Oh, yes she can. That is why you open new accounts in your name and her name. I was very afraid my soon to be ex would take all the money. Until you file there is nothing you can do.
2007-09-13 08:52:03 · answer #4 · answered by Shell 1 · 0⤊ 0⤋
In California, all components that you got throughout the time of marriage is presumed to be community components. the way you divide it as area of a components contract in a marriage dissolution is a controversy of negotiation. i would not negotiate away the automobile until eventually she might desire to take over the money and get you off the mortgage.
2016-12-26 09:10:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yep unless you have an injunction placed by the court on all shared accounts where you both have to sign off on deposits & withdrawls.
2007-09-13 08:26:42 · answer #6 · answered by allrightythen 7 · 2⤊ 0⤋
Yes, she sure can...It happened to me...My ex cleaned out our joint account...Since the divorce was not final it was still considered community property.
2007-09-13 08:25:36 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yupper
2007-09-13 08:23:39 · answer #8 · answered by Gerry 7 · 0⤊ 0⤋
Yep.lf it's in both your names she can clean you out.
Unless it specifically says she can't in a pre divorce agreement approved by a judge.
2007-09-13 08:21:57 · answer #9 · answered by LB 6 · 0⤊ 0⤋
Yes she can.My ex did exactly that and there was nothing I could do about it.I didn't know what was happening until the money was nearly all gone.
2007-09-13 08:36:16 · answer #10 · answered by Anonymous · 1⤊ 0⤋