Dividing Funds in Joint Accounts/Child Abandonment

Question Details:

I recently used money from mine and my husband's joint checking account to pay apartment application fees. According to my husband, I am not allowed to withdraw any money from joint accounts while we are working towards a divorce (no paperwork has been filed). What are my legal rights to withdraw funds from our joint accounts? Also, we have a couple of accounts that are in his name only. Will this money be addressed after our paperwork is filed? Also, since I am leaving the home, what precautions do I need to take to prevent him from claiming child abandonment?

Asked 11/11/2009 under Divorce, Marriage, Alimony | 490 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Your husband is wrong.  Until there's an actual court case, you both have equal rights to all the money in that account, unless there's an enforceable contract between you that says otherwise.

It's all too common, in fact, for someone to learn that their spouse wants a divorce by finding out that the joint account has been emptied out.  Courts tend not to do a whole lot about that directly, unless it leaves the other spouse unable to meet basic living expenses, in which case a temporary order deals with that.  As long as it's shown that the money hasn't been wasted, or hidden in someone else's name, it doesn't become a long-term problem;  proof of what the money was used for, legitimately (and that would include your moving costs, etc.), is a good thing to have.

Financial records, in general, are often critical in cases like this.  If you have access to any records about the accounts in his name, get copies;  store a full set of whatever records you have in a safe place.

Most courts will look at the assets (and debts) as of the date the divorce is filed.  The paper trail, once again, is very important.

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