QUESTION
Can I withdraw from our joint bank account if my husband has recently filed for divorce?
Asked on Apr 29th, 2014 on Divorce - New York
More details to this question:
My husband and I have a joint bank account and he recently filed for divorce. Is any of the money in the account mine, and can I withdraw any of it, to get a place to live and support myself until my paycheck?
9 ANSWERS
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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I always recommend to clients when the process starts that they are entitled to take half of what is remaining in joint accounts. I also state if they take more than this be prepared to give it back. Be cautious of any auto bill pays that may be coming out to support the community.
Answered on May 02nd, 2014 at 6:01 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, half of it is yours. There may be a preliminary order restricting the use of funds, but I think you are allowed to have enough to live on.
Answered on May 02nd, 2014 at 6:00 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You may only take half of it and then set up your own bank account.
Answered on May 02nd, 2014 at 6:00 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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if it is a joint account, and no status quo order has been issued, you may be legally entitled to 1/2 the funds.
Answered on May 02nd, 2014 at 6:00 PM
Each court has its own rules but one rule that is good to follow is for each party to continue paying the bills they were responsible for prior to the filing of the divorce. Neither should move, hide, or dispose of assets of the marriage. Should there be a question then a Pendent Lite should be requested so the ground rules can be set that would be followed during the pendency of the case.
Answered on May 02nd, 2014 at 6:00 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Yes, but you at have to pay it back.
Answered on May 02nd, 2014 at 6:00 PM
Either party to a joint account can withdraw any or all of the funds in the joint account, unless there is an order entered in the divorce proceeding that restricts access to such accounts.
Answered on May 02nd, 2014 at 6:00 PM
Bruce Provda
The money in a joint bank account can be withdrawn by any person named on the account.
Answered on May 02nd, 2014 at 6:00 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It would be my suggestion you withdraw one-half of the amount in the account.
Answered on May 02nd, 2014 at 6:00 PM