If we are contemplating divorce and have a joint checking account with 122,000 in it but last night my husband transferred all but $4800 into his savings account, is that legal?

What is my recourse?

Asked on September 4, 2017 under Family Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal in that if he is on the account, as he was (since it was a joint account), he has the legal authority to transfer the money. But if you divorce him, the court will take this into account in dividing assets; for example, say you and he have a home worth $250k in equity. Instead of dividing the equity 50-50, the court might give you the home. 


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