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Marital assets cut off day

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LdiJ

Senior Member
SOme suggestions o f points to review with counsel

THere may be a state rebuttable presumption of 50/50 ownership of joint accounts such as yours with wife and.

There may be a state presumption of making a gift by adding someone to a joint account as in adding her son.

Last I read, women are not the property of thier husbands in MA or under thier control as to working etc...how is it i guessed her tune in court would be different than as you first posted.

Your wife may have been planning ahead for some time

There is a freeze on asset picture upon filing / service of divorce but I no clue if this is addresses running up credit card or marital debt , but your attorney should.

IS it her son but not yours ?
The bolded is totally bogus. She did not add her son to the account she put her son down as a beneficiary. You know that there is a total difference.
 

HRZ

Senior Member
WE are both correct....the question is does OP really know what's on wife's account with her son.
 

not2cleverRed

Obvious Observer
WE are both correct....the question is does OP really know what's on wife's account with her son.
Hogwash.

As per OP: wife "transferred a joint account into her own name without my consent and put her son down as beneficiary."

That pretty clearly means the account is in her name. The son as beneficiary only has an interest in the account if she dies.

Look, I'm not out to get OP, and the wife is no likely angel (we are, after all, only hearing one side), but if OP has competent legal council and your misstatements are giving him second thoughts, you are doing him a disservice.
 

HRZ

Senior Member
There may be a state presumption of making a gift by adding someone to a joint account as in adding her son.


HOw the son is list on account matters...and I don't assume OP has his facts under control... but I 100 % agree that this a big sideshow to the big picture of who moved What where why and OP needs focus .

THe OP has left us in the dark about his title change over one year ahead of filing for divorce....

WIfe doesn't need to have his consent to access a joint account .

BUt to clean it out AFTER the divorce action was filed AND to add another name ( in any capacity) to the account after she moved it...isn't a point in her favor. You are correct that if son is merely POD there has been no gift.

The significant legal line may be moving money after a freeze line ...and OP needs to be listening to his counsel

.
 

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