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Separated wife of over 2 years takes money

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TStryker

Junior Member
What is the name of your state (only U.S. law)? Texas

Scenario: Wife leaves husband and minor son May 2007. Takes up her own residence in a surrounding city and has lived on her own ever since. Does not contribute monetarily towards the son's upbringing. Has not accessed the joint bank account in over 2 years. Husband hasn't taken the wife off the account to date. Husband sells his business and deposits $6400 in the account. Wife text messages the husband informing him that she has withdrawn $3200 from the account because she is entitled to the funds.

Is there a law broken in this scenario?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Texas

Scenario: Wife leaves husband and minor son May 2007. Takes up her own residence in a surrounding city and has lived on her own ever since. Does not contribute monetarily towards the son's upbringing. Has not accessed the joint bank account in over 2 years. Husband hasn't taken the wife off the account to date. Husband sells his business and deposits $6400 in the account. Wife text messages the husband informing him that she has withdrawn $3200 from the account because she is entitled to the funds.

Is there a law broken in this scenario?
No, no law was broken at all. He sold a marital asset and placed the money in a joint account.
 

mistoffolees

Senior Member
No, no law was broken at all. He sold a marital asset and placed the money in a joint account.
Except that there's no indication that it's a marital business. If it's a separate business, no law has been broken, but he would have a stronger argument for her to return the money of they get a divorce.

Of course, the fact that he dumped the money into a joint account weakens that argument quite a bit.
 

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