Money problems

[Falisa]

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

I have been married for a year and a half, and left my husband over a month ago now. He has transferred every cent of money from our joint bank account over to a personal account and closed the joint. Tried calling him to maybe work out the money problems with each other, asked for 50% and he laughed and hung up. I have no money at the moment, having to live with my parents while he sits with all of our money in the apartment we both paid for. The cheapest attorney I could find is $2500, but the problem is he wants that money up front and I just can't give him that, and no one I can borrow that money from. I can't even afford to move into my own place near where I will be working in a few weeks.

Is there any advice anyone can give for my situation?

 

[LdiJ]

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

I have been married for a year and a half, and left my husband over a month ago now. He has transferred every cent of money from our joint bank account over to a personal account and closed the joint. Tried calling him to maybe work out the money problems with each other, asked for 50% and he laughed and hung up. I have no money at the moment, having to live with my parents while he sits with all of our money in the apartment we both paid for. The cheapest attorney I could find is $2500, but the problem is he wants that money up front and I just can't give him that, and no one I can borrow that money from. I can't even afford to move into my own place near where I will be working in a few weeks.

Is there any advice anyone can give for my situation?

Well, you could move back into the apartment, it is the marital residence and he can't keep you out of it until a judge says that one of you have to move out.

It was kind of dumb not to take your share of the move when you separated.

 

[nextwife]

I always advise that both spouses also need their OWN savings and checking accounts, even while married. And, once seperated, I have no idea why you would not have been maintaining a checking account of your own, even if some funds were going into a joint account to pay joint bills. I'm married, happily for over twelve years and STILL I have my own seperate accounts, and also joint.

 

[mistoffolees]

Ignoring the past, what do you do now?

First, I would talk with another attorney. It is not that hard for an attorney to petition the court to be paid from marital assets. If your stbx transferred money from a joint account into his personal account, that would certainly count as marital assets.

If the amount of money is relatively small (you've only been married for a year and a half and neither of you is entitled to the money the other person had before the marriage), it may be cheaper to let it go than to fight over it. If you can get him to let you have a quick, uncontested divorce and he keeps the money, it may be cheaper than a contested divorce-- even if you get half of the money in the end.

Second, you don't have to live with your parents. You can live in the apartment you lived in before if you wish. You might CHOOSE to live with your parents, but that's a different thing. You need to start realizing that you are responsible for your own life and you are rarely forced to do anything. It's all about your choices.

Third, you didn't mention a job. If you don't have one, get one and start putting your income into your own account. You were probably supporting yourself before you were married, so it's time to do it again.

 

[Ohiogal]

File pro se on your own and sue for divorce. Ask for a restraining order prohibiting hubby from dissipating any and all marital assets, forbidding him from dropping your insurance coverage (health, life, car) and get it into the courts.

 

[Falisa]

File pro se on your own and sue for divorce. Ask for a restraining order prohibiting hubby from dissipating any and all marital assets, forbidding him from dropping your insurance coverage (health, life, car) and get it into the courts.

Would I still be able to fight for the money he has taken by myself?

I was curious as to the law, if there is any, dealing with how the money is split if you have no pre nup. I have been told by many people its the law that he has to give me 50%, so would I even need an attorny to help me get 50%? I have evidence of him cheating, threatening to shoot me with a gun, and I am almost certain he has no proof of the claims he has arguing against me. I'm just curious if its possible to do this without a lawyer.

 

[TinkerBelleLuvr]

You have a right to half of the marital assets and half of the marital debt. What debt is out there? Who's name is on it?

 

[mistoffolees]

Would I still be able to fight for the money he has taken by myself?

I was curious as to the law, if there is any, dealing with how the money is split if you have no pre nup. I have been told by many people its the law that he has to give me 50%, so would I even need an attorny to help me get 50%? I have evidence of him cheating, threatening to shoot me with a gun, and I am almost certain he has no proof of the claims he has arguing against me. I'm just curious if its possible to do this without a lawyer.

It looks like it's going to be a nasty divorce. You should really get an attorney.

Ask around and it's likely that you can find a good attorney who will start by petitioning the court for his pay to come out of marital assets rather than you paying it up front.

 

[MFinancier]

Would I still be able to fight for the money he has taken by myself?

I was curious as to the law, if there is any, dealing with how the money is split if you have no pre nup. I have been told by many people its the law that he has to give me 50%, so would I even need an attorny to help me get 50%? I have evidence of him cheating, threatening to shoot me with a gun, and I am almost certain he has no proof of the claims he has arguing against me. I'm just curious if its possible to do this without a lawyer.

Yes there are some things you could do without an attorney, or to save yourself some expense...but you should consider how much money is at stake here? When you say you both paid for the apartment...is it rented...did you put up a big security deposit...how much rent did you prepay? Do you have any joint credit cards or other debt? Did you leave all your stuff there? All of this can be taken care of for a price...but it may not be worth it! One thing none of us here have any tolerance for is abuse. If he's threatened to shoot you...you should file a records complaint with the police department just so it's on record. At the very least you should go to the Police and discuss this with them....they (and you) should take threats like this seriously! It's hard to tell if you are in harms way, but if you have the stomach for a fight you can move back in...and if he so much as mentions a gun or you feel threatened in ANY way...call the police and you may be able to get a temporary restaining order and have him removed immediately. In the mean time...start documenting everything in a journal, get all your financial records together (order copies from your bank if necessary), check your credit report, get friends to accompany you if you have any reservations about being around him alone, carry a cell phone at all times, don't make any verbal agreements....get him to email you! The most important thing is to stay safe and think about the future. Don't sweat the small stuff...and pick your battles carefully. Good Luck