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Tacit Consent

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GettingReal

Junior Member
What is the name of your state (only U.S. law)? Ct. I am aware of the concept of tacit consent. I am in the process of a divorce and it has come to my attention that several very large tax return checks have been deposited (without my verbal or written consent) into an account only open to my husband. I took the last tax return check (written to both of our names with an AND) and gave it to my lawyer who put it into an escrow account for the use of both of us. Now his lawyer has filed a motion to have the check returned exclusively to my husband for his use and argues that "tacit consent" is enough.

Tacit consent seems like an antiquated notion used to give permission for anything. How often is tacit consent successfully used as an argument and what are some arguments against it?

Thanks in advance.
 



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