Need advice with settlement check issue

[henryimnot]

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

My wife and I own a home for the last 14 years, pay half the mortgage and home owners insurance together. Got a settlement check in her name because the insurance policy was signed by her alone.Now she has put it in her account and won't give me access to the money because she "wants to fix the house up". The amount is $5000. I told her I want half in my hand , she says no. Can't I take her to claims court and get my rightful fifty percent of the settlement money.? Dont want to do it, but if I had to ,couldn't I ?

 

[Zigner]

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

My wife and I own a home for the last 14 years, pay half the mortgage and home owners insurance together. Got a settlement check in her name because the insurance policy was signed by her alone.Now she has put it in her account and won't give me access to the money because she "wants to fix the house up". The amount is $5000. I told her I want half in my hand , she says no. Can't I take her to claims court and get my rightful fifty percent of the settlement money.? Dont want to do it, but if I had to ,couldn't I ?

The court you would need to take her to is divorce court.

 

[LdiJ]

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

My wife and I own a home for the last 14 years, pay half the mortgage and home owners insurance together. Got a settlement check in her name because the insurance policy was signed by her alone.Now she has put it in her account and won't give me access to the money because she "wants to fix the house up". The amount is $5000. I told her I want half in my hand , she says no. Can't I take her to claims court and get my rightful fifty percent of the settlement money.? Dont want to do it, but if I had to ,couldn't I ?

Not without divorcing her.

What was the settlement for? If your wife wants to use the money to actually repair the damage to the house, then you are wrong for thinking that you should have 50% of it to spend as you like. If the repairs have already been made and paid for, then you might have some moral ground to stand on.

 

[tranquility]

Marital assets are not owned 50/50 even if they might someday be split that way in an equitable distribution. There are many factors that affect how they would be split. You are not going to be able to go to small claims and get management and control of a portion of the insurance proceeds.