do i have rights?

[KrisC]

What is the name of your state (only U.S. law)? Illinois

Hello. Please, i need some help. I live together with my spuse and are still legaly married and living under the same roof both beeing on the lease. The only thing we have sepparate is our bank accounts. I have been a student for the last year or so and held a part time job as a clerk so i couldn't bring in too much money. Due to hardship in our relationship i had to get a full time job and quit school for now, as i was left with no money after my spouse closed our joint accounts. Since we are not divoreced, do i have any rights regarding his income? I have been left stranded after my return from overseas, to come home and find myself in a situation where i had no food, no money, nothing to live with. I wanted to open a Credit Card solely in my name but he won't permit putting as household income, both of our income. Can he do that? Can he cut me off financialy completly without beeing divorced or separated? What should i do?

Thank you

[BL]

Originally Posted by KrisC

What is the name of your state (only U.S. law)? Illinois

Hello. Please, i need some help. I live together with my spuse and are still legaly married and living under the same roof both beeing on the lease. The only thing we have sepparate is our bank accounts. I have been a student for the last year or so and held a part time job as a clerk so i couldn't bring in too much money. Due to hardship in our relationship i had to get a full time job and quit school for now, as i was left with no money after my spouse closed our joint accounts. Since we are not divoreced, do i have any rights regarding his income? I have been left stranded after my return from overseas, to come home and find myself in a situation where i had no food, no money, nothing to live with. I wanted to open a Credit Card solely in my name but he won't permit putting as household income, both of our income. Can he do that? Can he cut me off financialy completly without beeing divorced or separated? What should i do?

Thank you

Put the CC in your name , but quit frankly you need to hold your own .

[KrisC]

I can put the CC in my name but on the application it sais to give the ammount of the household income. Should i consider household income, just my income? My salary is still very low even if i have now a full time job. It's a clerk job and i have worked for this company for only a month now. I am realy scared they will give me a huge interest rate. I don't want my spouse to pay for any my expenses and i told him that his name won't appear on the credit, bt still sais no, and that i am on my own. I wish he would just apply for divorce....it's been a month now and he is waiting for me to do something about it. All he does is cut me off on everything arround the house, yells and acts mad, just so i have no option but to leave.

[LdiJ]

Originally Posted by KrisC

I can put the CC in my name but on the application it sais to give the ammount of the household income. Should i consider household income, just my income? My salary is still very low even if i have now a full time job. It's a clerk job and i have worked for this company for only a month now. I am realy scared they will give me a huge interest rate. I don't want my spouse to pay for any my expenses and i told him that his name won't appear on the credit, bt still sais no, and that i am on my own. I wish he would just apply for divorce....it's been a month now and he is waiting for me to do something about it. All he does is cut me off on everything arround the house, yells and acts mad, just so i have no option but to leave.

You don't need his permission to fill out a credit card application, or to put the combined household income on the card. You would need his permission to include his name and social security number on the account.

No, he cannot cut you off completely. Spouses are obligated to support each other. However, he is probably paying the rent, and utilities, and probably even providing your health insurance, so he IS supporting you.

[KrisC]

That's true. We both put money for the house expenses and his work provides us both with health insurance. I have decided it's probably best i get a CC stating just my income as househld income, as i don't want to create any more negativity than it already is between us.
I was interested to know if a souse can just close joint bank accounts without the other spouse's approval since still legaly married and not beeing separated. When you sell a car and both names are on the title, you have to get both signatures before selling it. Don't get me wrong...at the end of the day it doesn't realy matter...Thanks for all the reasponses

[mistoffolees]

Originally Posted by KrisC

I was interested to know if a souse can just close joint bank accounts without the other spouse's approval since still legaly married and not beeing separated. When you sell a car and both names are on the title, you have to get both signatures before selling it. Don't get me wrong...at the end of the day it doesn't realy matter...Thanks for all the reasponses

Yes, either of the joint account holders can close an account without the other's permission. HOWEVER, once a divorce has been filed, the money is supposed to remain in the joint account other than for necessary living expenses and legal expenses. So if you file for a divorce, then he would no longer be able to close the account. Until then, it's OK.

Cars are different and do require both signatures.

[Ohiogal]

Originally Posted by mistoffolees

Yes, either of the joint account holders can close an account without the other's permission. HOWEVER, once a divorce has been filed, the money is supposed to remain in the joint account other than for necessary living expenses and legal expenses. So if you file for a divorce, then he would no longer be able to close the account. Until then, it's OK.

Cars are different and do require both signatures.

Actually most banks require both account holders to close the account and have since 9/11.

[LdiJ]

Originally Posted by Ohiogal

Actually most banks require both account holders to close the account and have since 9/11.

Not mine, although it makes sense.

[mistoffolees]

Originally Posted by Ohiogal

Actually most banks require both account holders to close the account and have since 9/11.

That's rather odd - since my ex closed our joint account in 2006 without my permission. Of course, by then it didn't matter since she had drained it dry.

[KrisC]

Thanks a lot, mistoffolees and everybody who responded. We didn't file for divorce, so i guess he was able to close the account. I found some good useful information from this forum and your responses.
Most probably i'll be back here soon asking for advices if he decides to file for divorce. Funny thing though- i'm not sure if anybody has felt like this...it's a bit strange. I feel that as long as we are married, i want to know my rights and not be taken advantage of. But if he files to divorce me, i don't want any of those rights...if he wants me gone, i just want my clothes and my job...no money of his and all the posessions he can keep. We've been married 5 years...good years untill now. Thanks for putting up with my troll.

[mistoffolees]

Originally Posted by KrisC

Most probably i'll be back here soon asking for advices if he decides to file for divorce. Funny thing though- i'm not sure if anybody has felt like this...it's a bit strange. I feel that as long as we are married, i want to know my rights and not be taken advantage of. But if he files to divorce me, i don't want any of those rights...if he wants me gone, i just want my clothes and my job...no money of his and all the posessions he can keep. We've been married 5 years...good years untill now. Thanks for putting up with my troll.

Lots of people feel that way - they just want out.

Unfortunately, many of them find a few years later that they're struggling to get by and could have used the money they were entitled to. Each state has laws on property division for a reason - to help both spouses to move on with their lives in the most equitable fashion possible.

If you're really certain you don't want any marital assets, that's certainly your choice. Just make sure that you don't spend the rest of your life feeling like you were taken advantage of - which could lead to difficulties in a future relationship, as well.

It seems to me that the most successful (if you can use that term) divorces are the ones where the parties separate EQUITABLY and where any deviations from 50:50 are for very good reason and fully agreed to by both parties rather than simply "I want out" responses.