can my husband take money from my saving account while we divorce

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

can my husband take money from my saving account while we divorce

I found out my husband cheating on me, I want to file divorce, he doesn’t want. can my husband take money from my saving account while we divorce? what if he keep reject divorce what can I do

Asked on March 1, 2018 under Family Law, New York

Answers:

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

Answered 4 years ago | Contributor

This is not a yes or no question. I am assuning that the savings account is a joint account.  Once you file for divorce (and all that requires is filing a Summons with Notice) and automatic stay goes in to effect which prohibits each of you from removing the funds in any marital asset. He would have to be served with the Summons with Notice (personally by someone other than you) and the automatic stay.  He can not keep you from getting divorced.  Seek legal help.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption