QUESTION
Can I withdraw money from a joint bank account which has my name on it?
Asked on Mar 14th, 2017 on Divorce - Florida
More details to this question:
My divorce was final almost three years ago, but there's never been a distribution of assets and liabilities. I assumed responsibility of our martial rental properties, and my ex took control of our retail business. I am in need of funds to keep the rentals from going into foreclosure, and my name is still on the retail business account. Am I able to take funds from the retail business account to pay towards these properties?
1 ANSWER
You state there has never been a distribution of assets and liabilities. However, surely your settlement agreement and/or divorce decree provided for such a distribution? That is one of the fundamental matters to be resolved in a divorce.
If the settlement provided for you to get the monies from the joint business account and you simply failed to do so previously, then you can certainly take them now. If, however, for some reason this was nnot addressed, then legally you should file a Motion for Clarificaion with the court before just removing the funds, and spell out what was missing from the final judgment and what you are requesting that the court let you do at this time.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward: 954-316-3496/ Boca Raton: 561- 962-2785
Answered on Mar 19th, 2017 at 7:29 PM