Bank Accounts.

My wife and I have been seperated for a little over two weeks now. It is a trial seperation but she has moved all monies from the checking and savings account into a new account. The new account does not bear my name. Is this legal if we have not went forward legally to transfer funds without all parties notifies.

checking1234 said:

My wife and I have been seperated for a little over two weeks now. It is a trial seperation but she has moved all monies from the checking and savings account into a new account. The new account does not bear my name. Is this legal if we have not went forward legally to transfer funds without all parties notifies.

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My response:

Why did you PURPOSEFULLY delete the State Name question? Why did you FAIL to answer that question?

IAAL

I started my question at the top of the page and the question was deleted by mistake.

I live in New Jersey.

Sorry.

checking1234 said:

My wife and I have been seperated for a little over two weeks now. It is a trial seperation but she has moved all monies from the checking and savings account into a new account. The new account does not bear my name. Is this legal if we have not went forward legally to transfer funds without all parties notifies.

Click to expand...

My response:

New Jersey is a separate property State. By moving the monies to an account that only she can access, she has taken a preemptive strike against you.

She's saying to you, "That money is mine, alone. If you want any of it, then get a judge to tell me. Otherwise, screw you."

So, until a judge tells her to return some or all of that money to you, then nothing she has done is illegal. It's marital money and, as long as her name was on the account, it was her money too.

IAAL

I AM ALWAYS LIABLE said:

My response:

Why did you PURPOSEFULLY delete the State Name question? Why did you FAIL to answer that question?

IAAL

Click to expand...

I started my question at the top of the page and the question was deleted by mistake.

I live in New Jersey.

Sorry.
Edit/Delete Message

I AM ALWAYS LIABLE said:

My response:

New Jersey is a separate property State. By moving the monies to an account that only she can access, she has taken a preemptive strike against you.

She's saying to you, "That money is mine, alone. If you want any of it, then get a judge to tell me. Otherwise, screw you."

So, until a judge tells her to return some or all of that money to you, then nothing she has done is illegal. It's marital money and, as long as her name was on the account, it was her money too.

IAAL

Click to expand...

Within the last year funds have been moved into our joint account taken from mutual funds I had before we were married. Does that come into consideration.

Another question: What if I called the bank and added my name onto the account. I do not believe I would have a problem since I have had accounts in this bank for many years.

Also we both own the home she now lives in and states I cannot come back until she is ready. If there has been no accounts legally or amonst the two of us can she keep me from staying there.

Thanks.

I AM ALWAYS LIABLE said:

My response:

New Jersey is a separate property State. By moving the monies to an account that only she can access, she has taken a preemptive strike against you.

She's saying to you, "That money is mine, alone. If you want any of it, then get a judge to tell me. Otherwise, screw you."

So, until a judge tells her to return some or all of that money to you, then nothing she has done is illegal. It's marital money and, as long as her name was on the account, it was her money too.

IAAL

Click to expand...

Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

New Jersey is a separate property State. By moving the monies to an account that only she can access, she has taken a preemptive strike against you.

She's saying to you, "That money is mine, alone. If you want any of it, then get a judge to tell me. Otherwise, screw you."

So, until a judge tells her to return some or all of that money to you, then nothing she has done is illegal. It's marital money and, as long as her name was on the account, it was her money too.

IAAL

Within the last year funds have been moved into our joint account taken from mutual funds I had before we were married. Does that come into consideration.

Another question: What if I called the bank and added my name onto the account. I do not believe I would have a problem since I have had accounts in this bank for many years.

Also we both own the home she now lives in and states I cannot come back until she is ready. If there has been no accounts legally or amonst the two of us can she keep me from staying there.

Thanks.

I am always liable:

Any suggestions on the last couple of questions I have.

checking1234 said:

Quote:
Originally Posted by I AM ALWAYS LIABLE
My response:

New Jersey is a separate property State. By moving the monies to an account that only she can access, she has taken a preemptive strike against you.

She's saying to you, "That money is mine, alone. If you want any of it, then get a judge to tell me. Otherwise, screw you."

So, until a judge tells her to return some or all of that money to you, then nothing she has done is illegal. It's marital money and, as long as her name was on the account, it was her money too.

IAAL

Within the last year funds have been moved into our joint account taken from mutual funds I had before we were married. Does that come into consideration.

Another question: What if I called the bank and added my name onto the account. I do not believe I would have a problem since I have had accounts in this bank for many years.

Also we both own the home she now lives in and states I cannot come back until she is ready. If there has been no accounts legally or amonst the two of us can she keep me from staying there.

Thanks.

Click to expand...

The bank CANNOT legally add your name to the account. It would violate all kinds of laws. You shouldn't even try...that would implicate you in all kinds of illegal activities. Once you moved the money from your separate mutual fund into the joint account it became her money too....you should certainly bring it up as part of any property settlement...but she did nothing illegal.

No...she can't keep you out of the home unless she gets a restraining order against you. If you have equal ownership you have just as much right to be there as she does. However, tread carefully there. You don't want to up the hostilities to the point where she might make domestic violence claims.

LdiJ said:

The bank CANNOT legally add your name to the account. It would violate all kinds of laws. You shouldn't even try...that would implicate you in all kinds of illegal activities. Once you moved the money from your separate mutual fund into the joint account it became her money too....you should certainly bring it up as part of any property settlement...but she did nothing illegal.

No...she can't keep you out of the home unless she gets a restraining order against you. If you have equal ownership you have just as much right to be there as she does. However, tread carefully there. You don't want to up the hostilities to the point where she might make domestic violence claims.

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If I went back into the home without any hostilities towards her can she make up claims to get a restraining order. I just want to go back and resolve our issues peacefullly and work on our marriage. I allso would like to be home to be close too our two young children.

Thanks.

checking1234 said:

If I went back into the home without any hostilities towards her can she make up claims to get a restraining order. I just want to go back and resolve our issues peacefullly and work on our marriage. I allso would like to be home to be close too our two young children.

Thanks.

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Yes, she could make up claims....whether or not they would "stick" is another issue but it has been known to happen.