What do you do when you have a private bank account and find your wife has been using it buther name is not on it?

It appears that wife found a check and has been using that number to pay over the phone for items. Then when I transferred banks she continued to use the number. All of this without my knowledge or approval.

Asked on August 22, 2011 Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is not an easy question to give guidance on.  There are more facts needed to asses the situation.  Why do you have a separate bank account?  Isthe bank account filled with pre-marital money and would it be considered separate property in a divorce?  Or have you making deposits during the marriage in to the account?  Money earned during a marriage is marital money regardless of which bank account you house it in or whose name is on the account.  So you see: it is hard to tell you what you should do about this other than maybe coming clean to your wife about your assets.  Good luck to you.


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