Money deposited into ex wifes account

UPDATED: Sep 30, 2022

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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

Asked on December 1, 2016 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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