Money deposited into ex wifes account

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Money deposited into ex wifes account

My company mistakenly deposited my expense checks into my ex wife’s account, my
direct deposit was changed but these went to an old account number. It is past
the 4 days the bank allows for the money to be taken back out. Is there a legal
way to get the money back if she refuses to let the bank take it from her
account?

Asked on December 1, 2016 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue your ex-wife for the money: the law is very clear that a mistake does NOT entitle someone to keep money that she is not otherwise entitled to. Since there is no legal basis for her to receive or keep your expenses, she has no right to them, and if you sue her (e.g. in small claims court), you should get a court judgment requiring her to give you the money.


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