QUESTION
Can I remove marital funds from my husband's account?
Asked on Jul 10th, 2014 on Divorce - Nebraska
More details to this question:
My husband and I recently separated about a week ago. We have been married for six years and have two children together. He travels with his job 90% of the time, therefore he provide me access to his personal account to pay bills out of. Though I’m not listed on the account he gave me permission to pay bills electronically out of the account and provide me with signed blank checks to use. Now that we have separated he took both of the vehicles which were paid for and acquired during marriage and left me with no money for the kids nor bills. Can I legally deposit the checks into my account for half of the funds since they are marital assets? Will he have any criminal recourse against me since he provided me with the signed blank checks?
11 ANSWERS
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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All income earned during marriage is considered community property in Texas whether you or your husband earned it. So yes, you can legally deposit the checks for your household use. I strongly recommend obtaining a consultation for divorce to ensure your assets are justly divided between you for the benefit of yourself and your children. You may be entitled to spousal maintenance as well as child support. Consult a professional as soon as possible.
Answered on Jul 16th, 2014 at 8:29 AM
I believe that safer course of conduct would be to petition the Court where your divorce was filed to receive temporary spousal and child support until the judgment of divorce and division of assets is final. This is likely the better course of conduct because when your marital assets are divided, a Court may look your actions as acting in bad faith. As it stands now, your ex has acted in bad faith and the Court will make note of that is distributing the marital assets.
Answered on Jul 14th, 2014 at 9:33 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Nothing keeps you from doing this as it doesn't sound like anyone has filed anything or that there are any court orders. I would not move half the money, but would pay the bills from the account. And file a divorce or legal separation immediately along with a motion for temporary orders so you can get child support etc.
Answered on Jul 11th, 2014 at 4:55 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You have to be careful here as you may be committing check fraud. What you should do is file for divorce and file a request an order for support ASAP.
Answered on Jul 11th, 2014 at 4:38 PM
There will be no repercussions when you take one half of the marital asset. You can also sell marital assets if you must for the necessities of life. But not beyond that, without court approval.
Answered on Jul 11th, 2014 at 4:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney before you do anything. Is there a case filed?
Answered on Jul 11th, 2014 at 1:07 PM
Bruce Provda
You can if the bank allows you to. However since he had taken the vehicles it is likely he rescinded your "permission". You need to speak with an attorney about filing a divorce with temporary orders for child support and maintenance.
Answered on Jul 11th, 2014 at 12:06 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You need to file for a divorce.. contact an attorney
Answered on Jul 11th, 2014 at 10:50 AM
Child Custody Attorney serving Raleigh, NC
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Palmé Law Firm, P.A.
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You can take money from the account if it is marital funds. At any final equitable distribution, you will be accountable for whatever you took from the marital funds. I.e., when the marital estate is divided, whatever funds you took will go in your column when determining how much of the property you are entitled to. It sounds more like you need to seek child support and post separation support immediately. Consult an attorney.
Answered on Jul 11th, 2014 at 8:38 AM
If he gave you access to his account for specific reasons, I do not believe you can remove funds from his personal account for any reasons other than those specific reasons given.
Answered on Jul 11th, 2014 at 8:01 AM
4 Awards
Don't do it! A criminal fraud/forgery investigation will be separate from a divorce proceeding and could cost you custody of your children. Go to court and get temporary orders to allow you to pay bills or have him provide some of those things for you again. You will need a good lawyer.
Answered on Jul 11th, 2014 at 8:00 AM