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does anyone know the legalities


lostwife

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My husband told me two weeks before Christmas he wanted a divorce. after begging and pleading with him I finally said fine. We both talked to lawyers,but knew we had to wait for the income tax return for the money to file. It comes in two weeks. I told my husband not to think about transfering any assetts or cashing out any accounts,because my Lawyer has copies of everything. Today in the mail comes a letter from Fidelity with a check for 1500.00. I have not said anything to him that I got the letter. I am waiting for the morning to call my lawyer. Can he do this? Now I am wondering about the other accounts. He will probable liqiudate everything before it even gets started. I'm nervous!

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If you suspect he's going to drain the joint accounts here is what I'd recommend. You go withdraw exactly 1/2 the balance and put it in your own individual account. Take exactly 1/2, no more and no less. And keep good records about what you did. That way if he complains to the judge you have proof that you simply took the 1/2 you are entitled to and had reasonable concerns he had plans to drain the accounts.

 

It is not legal for someone to drain joint accounts when going through divorce. However, if they drain them and spend all the money it is difficult to impossible to get it back. Yes the judge will frown on it and may penalize him. But that does you little good if the money is simply gone and cannot be replaced.

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Once you file the initial papers and they are served on him he is not allowed to do anything. Until then he can as Avman has suggested drain them away and hide the money of spend it on gifts for family that you cannot get back.

Banks will not freeze joint accounts. I think you can arrange for a two signature set up though so no money can be transferred or withdrawn with out both signatures.

 

Borrow the money to file at least the prelimanary papers as soon as possible.

 

Lost

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