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

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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 6 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.


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