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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.