Funds transfer without consent....

[EDMom]

What is the name of your state? Ohio

I filed for divorce a month ago. My husband has been served papers that included a mutual restraining order and has retained an attorney. He came home yesterday claiming to have opened a savings account in our son's name for $100 at a specific bank. I questioned why he did not ask me first...he did not answer. I also stated that I knew some kind of statement from that bank had come in the mail the day prior...he said it was confirmation of opening the account. Since then, I have investigated and found that there was a CD in my son's and husband's name at that bank worth about $3500 from a family death a few years ago. My biggest question is...if he has cashed out this CD without my knowledge...is this in violation of the restraining order? Any input is appreciated!! I have a call out to my atty, but it is Friday night. Thanks!

 

[LdiJ]

What is the name of your state? Ohio

I filed for divorce a month ago. My husband has been served papers that included a mutual restraining order and has retained an attorney. He came home yesterday claiming to have opened a savings account in our son's name for $100 at a specific bank. I questioned why he did not ask me first...he did not answer. I also stated that I knew some kind of statement from that bank had come in the mail the day prior...he said it was confirmation of opening the account. Since then, I have investigated and found that there was a CD in my son's and husband's name at that bank worth about $3500 from a family death a few years ago. My biggest question is...if he has cashed out this CD without my knowledge...is this in violation of the restraining order? Any input is appreciated!! I have a call out to my atty, but it is Friday night. Thanks!

Probably not. If this came from a family inheritance it was his separate property rather than marital property. You might have some claim towards the interest that accrued since it was inherited, but the amount of that interest would be fairly negligible.

 

[nextwife]

And even any claim on interest would be awkward, as half the interest also belongs to your son.

And inheritance is NOT marital property if not comingled with spouses assets or name.

 

[EDMom]

Thanks for replies

Thanks for your replies. I'm not concerned about "getting half" of what he may have transferred....it's a small amount. I just want to be sure it remains in my son's name since it is rightfully his, but it appears as if my husband has removed the entire amount and I have no idea where it has been placed. Keep in mind I have found internet searches performed by my husband in regards to "how to hide money from your spouse", so I am very suspicious at this point of any activity such as this.

Thanks again.

 

[Ohiogal]

Thanks for your replies. I'm not concerned about "getting half" of what he may have transferred....it's a small amount. I just want to be sure it remains in my son's name since it is rightfully his, but it appears as if my husband has removed the entire amount and I have no idea where it has been placed. Keep in mind I have found internet searches performed by my husband in regards to "how to hide money from your spouse", so I am very suspicious at this point of any activity such as this.

Thanks again.

It is not rightfully your son's. It was in your husband's name as well as your minor child's correct? Hence it is your husband's as well. Yes there is a restraining order and that deals with marital assets. An inheritance is NOT marital property.