Can I legally take from my Husbands account?

[baby9302010]

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

If I am not on his account but have all his information, can I legally take his money? He owes me $2500 for the 2008 taxes and $1500 to pay back to my grandparents for the down payment of the house we rented together. I just need to know if I will get in trouble although he is my husband. Its just not a joint account. Please someone help. I need to know asap. Thanks.

 

[justalayman]

do you feel like going to jail?

Taking money from another persons account without their permission is theft.

 

[Proserpina]

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

If I am not on his account but have all his information, can I legally take his money? He owes me $2500 for the 2008 taxes and $1500 to pay back to my grandparents for the down payment of the house we rented together. I just need to know if I will get in trouble although he is my husband. Its just not a joint account. Please someone help. I need to know asap. Thanks.

That would be theft.

It's NOT your account. It's NOT your money. If you think he owes you, then sue him in court the proper way.

 

[tranquility]

I don't think it is quite so cut and dried. Unless the account is separate property, the money is 1/2 the wife's. The titling of the account seems to indicate the husband has the right to control that money, but I am uncertain as to if it is theft as theft requires the taking of the property of another. There would probably be some civil liability (assuming community property). The probable crime would be the OP making some representations which were false in the obtaining of the funds. This is very possible as I don't know how she would get the money otherwise.

However, the question cannot be answered in a vacuum.

 

[ecmst12]

It is unlikely that the bank will allow you to access an account that your name is not on.

 

[justalayman]

I don't think it is quite so cut and dried. Unless the account is separate property, the money is 1/2 the wife's. The titling of the account seems to indicate the husband has the right to control that money, but I am uncertain as to if it is theft as theft requires the taking of the property of another. There would probably be some civil liability (assuming community property). The probable crime would be the OP making some representations which were false in the obtaining of the funds. This is very possible as I don't know how she would get the money otherwise.

However, the question cannot be answered in a vacuum.

so, under the same premise, if a car were titled in only one of their name's, the other party would have a legal right to treat it as theirs? Not seeing how you could use such an application of community property laws to this.

Not saying you are necessarily wrong but I think you might be.

 

[tranquility]

Money is fungible, titled vehicles are not.

But, yes. There would be no difference if there is not a valid claim of separate property.

 

[cyjeff]

But that's the rub, isn't it?

She can't be "owed" money if it's already hers as marital property. Therefore, it seems likely that she is going to take shared money into a non shared account to deny her husband access to it.

Seems squirrelly.

 

[Mnemosyne]

If you do attempt to take the $4000, I predict that you'll soon be paying that and more to a divorce attorney.

If I am not on his account but have all his information, can I legally take his money? He owes me $2500 for the 2008 taxes and $1500 to pay back to my grandparents for the down payment of the house we rented together. I just need to know if I will get in trouble although he is my husband. Its just not a joint account. Please someone help. I need to know asap. Thanks.

 

[Ohiogal]

It would be theft and the OP could be charged. Why? Because while it might be considered marital property for DIVORCE purposes by the divorce court in division of property, it is NOT her money. It is in HIS account and by virtue of being married to him she is not automatically allowed to access his bank account. Hence if she takes said money without permission, she could be charged with a crime.

 

[tranquility]

Nevada is a community property state. Theft requires the element of taking the property "of another". Do you have a citation from a community property state regarding larceny between a husband and wife? This is a "management and control" issue (absent facts the property is separate) and not an ownership issue. This is true even before a divorce.

I agree there would likely be a crime of some sort, but it won't be "theft".

Info edit:
Although, I would agree with Ohiogal if Nevada were a common law/marital property-type state.

 

[Zigner]

Nevada is a community property state. Theft requires the element of taking the property "of another". Do you have a citation from a community property state regarding larceny between a husband and wife? This is a "management and control" issue (absent facts the property is separate) and not an ownership issue. This is true even before a divorce.

I agree there would likely be a crime of some sort, but it won't be "theft".

Info edit:
Although, I would agree with Ohiogal if Nevada were a common law/marital property-type state.

The OP has given is NO information that would conclusively show the money is "marital". The SOURCE of the money would need to be known in order to show this.

 

[tranquility]

Since the legal presumption is that it is community property, I believe the burden is on those who say it isn't to present evidence which would "conclusively show".

Also, since Nevada is a community property state, we should probably use the terms community and separate property here. "Marital" property is a better term in common law states.

 

[Zigner]

Since the legal presumption is that it is community property, I believe the burden is on those who say it isn't to present evidence which would "conclusively show".

Also, since Nevada is a community property state, we should probably use the terms community and separate property here. "Marital" property is a better term in common law states.

Ok, let's use "community" and "separate". Since the husband would be the one bringing the THEFT to the attention of the police, he can walk in to the police station to file his report and bring evidence that the money is 100% SEPARATE property.

 

[mistoffolees]

Ok, let's use "community" and "separate". Since the husband would be the one bringing the THEFT to the attention of the police, he can walk in to the police station to file his report and bring evidence that the money is 100% SEPARATE property.

Frankly, I don't think it matters if it's separate or community property. Since only his name is on the account, she has to commit fraud to gain access to it - even if it IS community property.

You can't simply take money out of an account that your name isn't on - any more than you can sell your husband's car and forge his name on a title.