Is this illegal?

[claire1224]

What is the name of your state? Wisconsin

My husband and I have been separated for two months. He told me he didn't have enough money to pay all of his share of the childcare bill, but he gave me a check for part of it. I suspected he was lying to me so I accessed his bank account w/o his permission by using his social security number. He somehow found out that I did that. Is that illegal? He has been abusive to me and would use anything he could to get the upper hand in a custody battle. Could this act come back to hurt me later?

 

[CdwJava]

What is the name of your state? Wisconsin

My husband and I have been separated for two months. He told me he didn't have enough money to pay all of his share of the childcare bill, but he gave me a check for part of it. I suspected he was lying to me so I accessed his bank account w/o his permission by using his social security number. He somehow found out that I did that. Is that illegal? He has been abusive to me and would use anything he could to get the upper hand in a custody battle. Could this act come back to hurt me later?

How did you "access" his account? If you pretended to be him, oh yeah - you almost certainly committed some crime.

You may want to consult legal counsel.

- Carl

 

[claire1224]

I called into the automatic teller and put in the account number on the check and his social security number.

 

[I AM ALWAYS LIABLE]

How did you "access" his account? If you pretended to be him, oh yeah - you almost certainly committed some crime.

You may want to consult legal counsel.

- Carl

My response:

Until that gavel falls, and the Decree is signed, and in the absence of an order to the contrary, they can be separated all they like, but there's still a "marital presumption" that each spouse has at least implied authority to do and act for each other - - and that includes accessing each other's accounts. If he wanted privacy, he could have changed accounts.

In other words, our writer's husband can go jump in a lake. Our writer has committed no violation of law.

IAAL

 

[Rhubarb297]

My response:

Until that gavel falls, and the Decree is signed, and in the absence of an order to the contrary, they can be separated all they like, but there's still a "marital presumption" that each spouse has at least implied authority to do and act for each other - - and that includes accessing each other's accounts. If he wanted privacy, he could have changed accounts.

In other words, our writer's husband can go jump in a lake. Our writer has committed no violation of law.

IAAL

Huh? Was she on the bank account? If not, then of course she did something most certainly illegal. Granted it probably would never be enforced because of the marital relationship, but that doesn't make it "legal."

 

[BelizeBreeze]

Huh? Was she on the bank account? If not, then of course she did something most certainly illegal. Granted it probably would never be enforced because of the marital relationship, but that doesn't make it "legal."

Then show how it is Illegal by statute or case law.

 

[I AM ALWAYS LIABLE]

Huh? Was she on the bank account? If not, then of course she did something most certainly illegal. Granted it probably would never be enforced because of the marital relationship, but that doesn't make it "legal."

My response:

Really? What's your legal authority for your opinion?

IAAL

 

[deblack]

claire

My state? texas
i know i opened up my husband a savings account only in his name i was told by the teller that i would not be able to obtain any info on this account at all! but, i would not worry about it (but i would not do it anymore) he would have to prove it anyway. hear-say does not stand up in court. hope this makes you feel better anyway! just my opinion.

 

[GetUpKid]

Let's get real...

Illegal? perhaps...

Enforcable? doubtful.

I'd go with Carl on this one. Tell your worthless husband to E.S.A.D.

A. It would most likely be considered community property anyway.

B. You accessed this by phone and his abilty to prove it was you that phoned the bank's automated system is questionable.

C. You only accessed a balance and didn't take anything.

D. Name one DA who would prosicute this anyway.

E. Tell this deadbeat to pay his bills or he'll find out what it's really like to be screwed with.

Relax.

 

[ptlmejo]

Welcome to Wisconsin. Land of, "if I take out a credit card, my wife gets a letter in the mail telling her I did so."

Everything here is 50/50 like that.