Credit union unauthorized withdraw

[tthomp]

What is the name of your state? VA
My wife and I sepperated and signed agreement in 2001. She was living in our home with our children and got herself in a big money bind. She had the electricity cut off the mortage behind and was living in a hotel. I didnt have the money to bail her out and since she wanted to sell the house I ask her if she wanted to move in with me for a month or so and sell the house and then she could start over like she wanted with her half of the money. Well we did that but when she left she took her half of the money left the kids with me and went on a 2 month binge. That was ok but she came back to my credit union 3 weeks after she left and withdrew 500.00 and then 7500.00 out of my savings account that she is not on. I filled out fraud papers at the bank and filed a police report.

Now the police are saying we reconciled, shes my wife and my money is her money she could of took it all. The Magistrate said if she went to the bank ask for money out of an account and the bank gave it to her and she signed her name there was no crime, maybe the bank is at fault for doing it but no crime. The bank is saying they called me on my cell phone (I dont have one) and I approved the withdraw. Well she knows my ss# got a tellar to open account and called a 3rd person to act like me and say it was ok to get the money.

From all indications she has spent close to 35,000.00 in the past 2 months and is now completly broke. I got full custody of my underage girls last friday since she chose not to show up for court.

Can I force the bank to replace the $ or do I have to try and sue her and never see the $.
(The bank told me I have a domestic problem, I can try to sue them but it is going to cost me more to get my money back than what I lost)

Thanks in advance for any insight.What is the name of your state?

[FlyingRon]

Originally Posted by tthomp

What is the name of your state? VA
My wife and I sepperated and signed agreement in 2001.

If you are living together you are not separated. If you are still married and the account contains assets received while you were married she's as entitled to it as you are. VA is a community property state.

[Betty]

Originally Posted by FlyingRon

If you are living together you are not separated. If you are still married and the account contains assets received while you were married she's as entitled to it as you are. VA is a community property state.

I don't believe Va. is a community property state.

[tthomp]

We had lived apart for 5 years. She only moved back in with me in the house (I was renting) for long enough to sell the house (we owned jointly) and we split the profit down to the penny just like the sepperation agreement had stated. The money was split by our attorney that closed on the house and we each had our half wired to our own banks.
She moved out, left the kids with me and then came back 3 weeks later and took the extra 8,000.00. The only reason the Credit union let her have access (I guess) is because they are small and only have 2 branches. She had been cashing my support checks that I was giving her for the last 5 years at my bank, so she knows them and she had my youngest daughter with her when she made the withdraw.

I know this is a mess but even if a couple had been married for 50 years and were living together could the wife take funds from an account that she is not on and nothing be done about it ?

[FlyingRon]

Originally Posted by Betty

I don't believe Va. is a community property state.

Believe what you want, but it is.

--

I've got a job, a secretary, a mother, two ex-wives and several bartenders that depend upon me, and I don't intend to disappoint them all by getting myself "slightly" killed.

[Betty]

[quote=FlyingRon;1577235]Believe what you want, but it is.

There are 9 community property states - Az., Ca., Idaho, La., Nevada, NM, Tx, Washington & Wi. Can you give me a web site listing these 9 states + a 10th - Va.? google community property states** Va. is an "equitable distribution state" upon a divorce.
Actually Wi. is not a "true" CP state but its laws are such that it is normally always included as a CP state. **You can do a search on this web site (Free Advice) & it will give you the 9 states I listed.