Is it illegal for a separated spouse to withdraw money out of the other spouse’s personal account?

UPDATED: Jul 15, 2010

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Is it illegal for a separated spouse to withdraw money out of the other spouse’s personal account?

My spouse and I are seperated. He is withdrawing money out of my personal account. Which I use me to pay the monthly bills that he left me with. Is that illegal and can I press charges?

Asked on July 15, 2010 under Family Law, Tennessee


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

Answered 12 years ago | Contributor

Ok so is this a joint account is he listed as a signatory on the account?  He must be something to be able to legally withdraw the money.  Let me make a suggestion: close the account and open a new one as soon as you get the chance.  Then keep track of what he withdrew.  If you can press charges really depends on many things.  ou say that you are separated.  Is this a formal separation by written agreement or court ordered in some way?  Is this action a violation?  Then you can possibly press charges.  Will they do anything?  Maybe.  Maybe not.  Sometimes prosecutors see these matters as domestic issues to be resolved in the trial court who hears the dissolution.  Speak with your attorney on the matter and see if there is any way he or she can help you figure out the best course of action here.  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 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.

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