Friday, April 30, 2010

I Need Legal Advice: Marriage/Divorce?

My friend is married and he and his wife are on the rocks, but that's irregardless to this question. Well, my friend (the married man) had about $87,900 saved in an account that he had in California.This money is money that he earned prior to the marriage due to the line of work he was in,as well as some money he received from serving as a Navy Seal.So, he had this money, it was HIS money, in his account, private, etc. His wife knew about it, though, of course. Well, she decided to TAKE that money and transfer it into an account for their newborn son (for his life, under his SSN) without asking the husband, and she will not give him access to the money now, because she opened the account on behalf of their baby using her name.So, basically, she stole it- even though they are married, etc.Is there any legal action that can be taken on the husband's part to get that money back, since she did not consult him first, and/or does he have any legal rights to gain access to the account?I Need Legal Advice: Marriage/Divorce?
Agree with other Answer - you're not getting the whole story!





If it were to be something like you said, either





1. her name was on the account in order for it to move. It becomes community property and is half hers





2. She forged his name ... that is a crime and he would have recourse. The downside is that that money is ';in play'; in divorce proceedings ... it will likely go to attorney's fees and /or used to ';balance'; community property ... or possibly used to support wife and child if she decides she wants to stay in community home.





Oh - those are CA laws - even my scenarios probably aren't much help. They sure are fun, though, aren't they?I Need Legal Advice: Marriage/Divorce?
Well your friend isn't telling you quite the whole story, because there isn't a bank in CA that would let anyone just transfer money unless they were joint on the account as a co-signer. If he was the sole payee on the account she would have had to either forge his name or get him to sign for the transfer. Banks have tight policies on that.





He's doing the old ';look what she did to me'; routine that everyone does when they get divorced to their friends. Believe about 10% of it and you'll be about right.
As you say, you need a lawyer - hire one.





We're just amateurs here.

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