QUESTION
What are my claim rights in divorce if we don’t have joint account?
Asked on Nov 16th, 2013 on Divorce - Michigan
More details to this question:
My wife and I are thinking about divorce. My wife has been keeping family income under personal account since marriage. I have no access and she doesn't tell me details neither. We have been this way about 6 years. I worked ever since marriage and she started working a year ago. Recently, I found she transferred money to her parents' account. I have no clue what right I can claim for since we do not have a joint account at all. Does that mean I will lose everything thing in her account and have no control at all?
6 ANSWERS
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Not to worry. She will have to transfer them back. You will need a lawyer to subpoena accounts and to file the appropriate motions to give you access. If I were you, I would get control of my money even if I were not getting a divorce. All assets beneficially acquired by either of the parties during the course of a marriage is JOINT regardless of who actually wrote the checks.
Answered on Nov 20th, 2013 at 6:31 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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How an asset is titled is not the issue. If the money was acquired during the marriage, it is marital money. You should not lose everything.
Answered on Nov 20th, 2013 at 6:30 PM
It doesn't matter where the money is kept. If it is earned during marriage it is community property. Get a family law attorney in your community to go through everything with you to see where you stand. You should take immediate action so you can plan on how to handle things.
Answered on Nov 20th, 2013 at 6:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your best bet is to get a local attorney to represent you and ask her the right questions to get the information you will need to be treated fairly.
Answered on Nov 20th, 2013 at 6:28 PM
Bruce Provda
No, but you need to stop this right away and get an attorney. Even if you don't have a joint account you are entitled to part of the marital assets. The fact that she is transferring is worrisome and you might have to ask for a forensic accounting of her account. Take action in court right away.
Answered on Nov 20th, 2013 at 6:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, but you need an attorney as you clearly do not understand your situation.
Answered on Nov 20th, 2013 at 6:23 PM