What to do if my wife and I opened 2 IRA accounts that couldn’t be closed unless we both were there yet somehow she did and had money transferred to her savings account that I have no access to?

Can I get my money back?

Asked on July 21, 2015 under Family Law, Tennessee


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need to start with the bank.  If they allowed the proceeds to be transferred without proper signatures, you may be able to file a claim on their insurance.  If your wife forged your signature to facilitate the transfer, then they should assist you with the filing of a theft/fraud/or forgery claim.

A second option, is to contact a family law attorney and request various types of relief.  Relief would include requiring your wife to deposit the funds into the registry of the court until the sitution can be resolved.  You could also ask the court to award you a portion of the account that she took. 

Whichever option you take, I would recommend sooner than later-- it's harder to get funds back once they are spent.

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