QUESTION

ex-husband owes me $ he never gave me even afer divorce papers were signed, still have joint account, can I take $ and close it?

Asked on Dec 12th, 2013 on Family Law - New York
More details to this question:
My ex and I had a amicable divorce, that for the most part we just separated who got what. In the interest of getting the divorce finalized after he dragged his feet for 2 years, we did a cheap and quick divorce without lawyers. He ended up with all the big ticket items (dishwasher, stove, washer & dryer) and I also had financially contributed to many improvements to the house. In the 11th hour of getting the paperwork signed so it would be finalized by the end of 2012 I ended up signing papers that said we had met all financial and physical obligations to one another, even though he had not yet paid me the $. He PROMISED me he wasn't trying to take advantage of me, and would pay me the $. Despite my misgivings, I signed the paperwork to get it down, and of course haven't seen the money. We have a joint account still open that he still uses and hasn't been closed that I have not used in over 3 years. Can I take the money out and close it without his having legal recourse against me?
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1 ANSWER

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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If it's a joint account you have a right to the money unless the settlement agreement or judgment says otherwise. That having been said, you have provided another example of how do it yourself legal work can cause problems.
Answered on Dec 12th, 2013 at 3:13 PM

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