QUESTION
Can ex husband remove money from car account that I won in legal separation?
Asked on Aug 09th, 2012 on Divorce - Mississippi
More details to this question:
On 7/23/12 my husband and I legally separated. The 2011 Kia was awarded to me. On 8/7/12 he found out he had forgot to stop direct payments. He went to the bank and took 3 payments of 1,500.00. Can he legally do that? If that car now is soley mine, we're prepaid through 12/12. He claims if I do not continue payments he will take the car from me. We have excellent credit and share two homes, that I manage.
10 ANSWERS
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You don't give enough information for a definite answer. If he is not an owner of the unexplained "car account" he probably had to commit some sort of fraud or forgery to take money out of it - even if he erroneously deposited money. Apparently, he is entitled to get his erroneous payments back, but he isn't permitted to use illegal self-help measures. If you were awarded the vehicle, presumably you were also made responsible for making the payments even though he is still listed on the loan. But, while he is still secondarily liable on the loan if you fail to make the payments, that does not give the automatic right to take the vehicle because he is not the lien holder.
Answered on Sep 07th, 2012 at 5:07 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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If he wasn't ordered to pay, he is entitled to a refund of over payments. How he did it may not be correct.
Answered on Aug 27th, 2012 at 2:11 PM
James Albert Bordonaro
It depends on whether the temporary order required him to make payments. Generally, he'd be responsible for half of the payments if the temporary order is otherwise silent on this point. He probably could not have withdrawn the money as most orders of separation require that neither party squanders joint assets. He certainly can't take the car back if the payments haven't been made. I think you need a motion for contempt at this point to return the money to the bank.
Answered on Aug 22nd, 2012 at 12:12 PM
What he did is unlawful. Check your paperwork carefully to make sure you are correct, then have your lawyer send him a letter and go to court if he does not give the money back quickly.
Answered on Aug 22nd, 2012 at 12:11 PM
Dave Hawkins
Yes if it is a joint account and the Decree of Legal separation is silent as to access to the joint account. Remember, you are still married.
Answered on Aug 22nd, 2012 at 12:11 PM
Leonard A. Kaanta
If the account is in his name, the money belongs to him, unless the judgment states otherwise.
Answered on Aug 22nd, 2012 at 12:10 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the agreement was made a court order, definitely not. He has to follow the court order.
Answered on Aug 22nd, 2012 at 12:10 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the payments were made by mistake, he should have asked for an accounting and a correction. Self-help is discouraged but the net result may be the same. As to you having to make the payments on the car, that should be in the separation agreement. You really need counsel.
Answered on Aug 22nd, 2012 at 12:10 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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He did and may be in contempt depending on your decree.
Answered on Aug 22nd, 2012 at 12:09 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Mississippi does not have legal separation.
Answered on Aug 22nd, 2012 at 12:07 PM