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MY WIFE TOOK ALL OUR MONEY FROM BANK ACCOUNTS, help!

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verbier

Junior Member
CALIFORNIA. On friday evening while out of town, I received an email from one of our banks that the funds were withdrawn. She drained every account and cancelled all credit cards. I can't even afford an attorney right away because of it and then it was Friday night and the weekend where no one was doing business and I am not back home until Wednesday morning. Since they were joint bank accounts, what is my IMMEDIATE legal recourse other than filing for divorce and starting that process. Can I get a forced stop or hold on her private account - or somehow make her give at least HALF of it back in a timely manner? I mean, do I have to wait a YEAR and go through the nightmare court system to get any of that money back? I definitely want a divorce and we were both unhappy, I just thought I had more time until she wigged out. We also have a bunch of real estate properties together which I know will take longer - but what about all of the 100s of thousands of dollars in those accounts?!!! Help!
 


LdiJ

Senior Member
CALIFORNIA. On friday evening while out of town, I received an email from one of our banks that the funds were withdrawn. She drained every account and cancelled all credit cards. I can't even afford an attorney right away because of it and then it was Friday night and the weekend where no one was doing business and I am not back home until Wednesday morning. Since they were joint bank accounts, what is my IMMEDIATE legal recourse other than filing for divorce and starting that process. Can I get a forced stop or hold on her private account - or somehow make her give at least HALF of it back in a timely manner? I mean, do I have to wait a YEAR and go through the nightmare court system to get any of that money back? I definitely want a divorce and we were both unhappy, I just thought I had more time until she wigged out. We also have a bunch of real estate properties together which I know will take longer - but what about all of the 100s of thousands of dollars in those accounts?!!! Help!
I am truly sorry, but I don't believe that there is anything "immediate" that you can do. You have to file for divorce and/or legal separation, with a good attorney, and deal with the money through the courts.

However, if you have any other assets that are in your sole control, like a 401k or IRA, you could use those assets to help you now, and ask that the court divide the overall assets in such a way as to compensate you for the tax ramifications of using those assets.
 

brcr44

Member
not much else to do

If she left with the funds then you have to go to court to get this resolved. She was on the account and she is legally able to withdraw funds. Just like you would have been had you thought of it first.

But a court will look at all that too. Go get a lawyer. That way she can't do anything else. Wish i had that to argue about. Most people are rubbing two nickels together.

Good luck.
 

las365

Senior Member
Get a lawyer first thing; you can file a request for a Temporary Restraining Order restraining her from spending or hiding the money and temporary orders that govern what happens to it and other property during the pendency of your divorce.
 

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