If my husband and I are filing for divorce, can he legally withdraw all the money out of our joint account?
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If my husband and I are filing for divorce, can he legally withdraw all the money out of our joint account?
Asked on December 29, 2011 under Family Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are two ways to look at this here. First, does he have a legal right to withdraw the funds as a joint owner on the account? Yes, he has that ability to withdraw the funds. But can he do so against your interest? No, that would be dissipating a marital asset and he could get in to trouble for that. The problem is if he has already done it you are going to have to spend money fighting to get it back. Please seek legal help here as soon as you possibly can. Half of that money is assumed to be yours if it is a joint account. He can not just do with it as he pleases. you need to make sure that a Judge orders him restrained from doing anything with it. Good luck.
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