If my wife moved out and wants to rent an apartment, what joint assets can she use to pay for the rent?

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If my wife moved out and wants to rent an apartment, what joint assets can she use to pay for the rent?

My wife left 3 months ago, and she is living at her dads house. I am living at our house and we are jointly paying for our bills. We have a joint bank account that we have not divided yet. She now wants to move out of her dads house and rent an apartment. She wants to take the money out of our joint account. I told her we can’t afford it with the bills that we have now. Can she legally take money out for the apartment? She also took money out of her 401k as a loan for her lawyers fee. Can she do that?

Asked on April 9, 2011 under Family Law, Wisconsin

Answers:

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

Answered 10 years ago | Contributor

Well the assets are half hers, correct?  She is entitled to an equitable distribution of the assets of the marriage as you are.  Asfor the 401K, that is an asset of the marriage and if she did anything to compromise the funds (called dissipating the assets) then that issue will be addressed at the time that you discuss the division of assets and you will have to be compensated accordingly.  Do you have an attorney?  You need to get one as soon as you can. The liabilities of the mariage need to be addressed as well and they need to be taken care of before any distribution is discussed (in my opinion but in a divorce settlement Sometimes one party assumes the debt in exchange of an asset such as the house).   This can not be decided here in this forum.  One needs to see the big picture. God luck to you. 


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