Husband took the money and ran

[>Charlotte<]

Wife is in Indiana, husband is in New York.
I'm just curious about something.

Husband and wife in Indiana, joint bank account. He cleans out the account and takes off for New York, leaving her broke (except for subsequent paychecks, the next one is due in two weeks.) They have both filed for divorce, but I don't know when.

1. Yes, he can do that because his name is on the account.
2. No, he can't do that because.....well, I don't know, just because.
3. It depends--not enough info.
4. Use the "search" function you lazy cow.

I'm asking because of a woman in another thread. This isn't the issue, she's just mentioned what her husband did as part of the reason for not paying a vet bill. I feel kind of sorry for her. Here it is, if you're interested.
https://forum.freeadvice.com/debt-collections-84/weird-happening-nsf-check-threats-2-weeks-only-430557.html#post2045015

I suggested she post about this issue, but she probably won't and I'd just like to know. I'm not expecting any detailed answer (not that that wouldn't be appreciated), I'll settle for the "1", "2", or "3". (Or "4" )

 

[Zigner]

Of COURSE he can do it. However, the amount should be factored in the eventual settlement.
This is assuming there are no orders to the contrary in place due to the divorce proceedings.

 

[>Charlotte<]

You know, now "of course he can" seems kind of obvious. Duh.

I'm just gonna go hit the Cherry Garcia.

Thanks, Zig.

 

[mistoffolees]

Of COURSE he can do it. However, the amount should be factored in the eventual settlement.
This is assuming there are no orders to the contrary in place due to the divorce proceedings.

In most states, there is a default court order as soon as one party files for divorce. This court order typically forbids dissipation of assets (other than essential living expenses and legal fees).

In my state, what he did would be a clear violation of the automatic temporary orders - and he would be in contempt. OP needs to read the paperwork that was issued by the court when they filed for divorce to see if similar wording is used. If so, go to court to have him held in contempt.

 

[Antigone*]

Wife is in Indiana, husband is in New York.
I'm just curious about something.

Husband and wife in Indiana, joint bank account. He cleans out the account and takes off for New York, leaving her broke (except for subsequent paychecks, the next one is due in two weeks.) They have both filed for divorce, but I don't know when.

1. Yes, he can do that because his name is on the account.
2. No, he can't do that because.....well, I don't know, just because.
3. It depends--not enough info.
4. Use the "search" function you lazy cow.

I'm asking because of a woman in another thread. This isn't the issue, she's just mentioned what her husband did as part of the reason for not paying a vet bill. I feel kind of sorry for her. Here it is, if you're interested.
https://forum.freeadvice.com/debt-collections-84/weird-happening-nsf-check-threats-2-weeks-only-430557.html#post2045015

I suggested she post about this issue, but she probably won't and I'd just like to know. I'm not expecting any detailed answer (not that that wouldn't be appreciated), I'll settle for the "1", "2", or "3". (Or "4" )

You are way too sweet .

I think there may be a little more to her story though. Now-a-days I'm a little suspicious of people who favor writing checks over using their debit cards. Granted we don't have all the facts but the OP herself said she didn't have the funds when she wrote the check. She was "expecting" a direct deposit and it didn't hit.

Unfortunately hubby can clean out the account as long as his name is on it - I'm speaking from a banking perspective. You might want to adivse the OP to open a new account with just her name on it when you give her your responses from this thread.

take care, ana

p.s. may lightning strike the person who would dare to call you a "lazy cow"!

 

[Zigner]

You know, now "of course he can" seems kind of obvious. Duh.

I'm just gonna go hit the Cherry Garcia.

Thanks, Zig.

No offense was intended - as I read it back now I see that it may have been a bit condescending. Thanks for taking it the right way

 

[>Charlotte<]

Oh, I didn't take offense! I was just grateful you didn't call me a lazy cow.

(Thanks to you, too, Ana and Mistoffolees)

 

[LdiJ]

In most states, there is a default court order as soon as one party files for divorce. This court order typically forbids dissipation of assets (other than essential living expenses and legal fees).

In my state, what he did would be a clear violation of the automatic temporary orders - and he would be in contempt. OP needs to read the paperwork that was issued by the court when they filed for divorce to see if similar wording is used. If so, go to court to have him held in contempt.

Of course however, that would not apply if the money was taken before any divorce was filed, which is generally what happens.