How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ali Kirk Your Own Question

Ali Kirk
Ali Kirk, Lawyer
Category: Criminal Law
Satisfied Customers: 244
Experience:  14+ years experience in misdemeanor and felony trials and appeals.
Type Your Criminal Law Question Here...
Ali Kirk is online now
A new question is answered every 9 seconds

Can i press charges against my husband for transferring money

Resolved Question:

Can i press charges against my husband for transferring money online out of my account into his?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ali Kirk replied 5 years ago.

Thank you for your question. Can you please tell me if you are separated from your husband? Either legally or physically? Also, were you the only person authorized to make transactions on this account?

 

Thank you.

Customer: replied 5 years ago.
We are separated physically, as of 3 days ago. He lives in GA, and I am in MO. I had his account set up online under my transfer list, so that I could transfer money to him when needed. He obtained my login i.d. and password, went online, and transferred money into his account. I am the only person authorized to make transactions on my account.
Expert:  Ali Kirk replied 5 years ago.

Thank you for the follow-up information. This is a difficult question due to the fact the you are still married. Generally, when two persons are married, income generated while the persons are married is considered marital property.

 

For informational purposes: Missouri Statutes Section 452.330(2) states:

____________

"2. For purposes of sections 452.300 to 452.415 only, "marital property" means all property acquired by either spouse subsequent to the marriage except:

(1) Property acquired by gift, bequest, devise, or descent;

(2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(3) Property acquired by a spouse after a decree of legal separation;

(4) Property excluded by valid written agreement of the parties; and

(5) The increase in value of property acquired prior to the marriage or pursuant to subdivisions (1) to (4) of this subsection, unless marital assets including labor, have contributed to such increases and then only to the extent of such contributions."

____________

For full text of statute, see http://www.moga.mo.gov/statutes/C400-499/4520000330.HTM

 

However, for informational purposes: Missouri Statutes Section 451.250 states:

______________________________

"1. All real estate and any personal property, including rights in action, belonging to any man or woman at his or her marriage, or which may have come to him or her during coverture, by gift, bequest or inheritance, or by purchase with his or her separate money or means, or be due as the wages of his or her separate labor, or has grown out of any violation of his or her personal rights, shall, together with all income, increase and profits thereof, be and remain his or her separate property and under his or her sole control, and shall not be liable to be taken by any process of law for the debts of his wife or her husband.

2. This section shall not affect the title of any husband or wife to any personal property reduced to his or her possession with the express assent of his or her spouse; provided, that said personal property shall not be deemed to have been reduced to possession by the husband or wife by his or her use, occupancy, care or protection thereof, but the same shall remain his or her separate property, unless by the terms of said assent, in writing, full authority shall have been given by the husband or wife to the spouse to sell, encumber or otherwise dispose of the same for his or her own use and benefit, but such property shall be subject to execution for the payments of the debts of the spouse contracted before or during marriage, and for any debt or liability of his or her spouse created for necessaries for the spouse or family; and any such married man or woman may, in his or her own name and without joining his or her spouse, as a party plaintiff institute and maintain any action, in any of the courts of this state having jurisdiction, for the recovery of any such personal property, including rights in action, as aforesaid, with the same force and effect as if such married man or woman was * not married; provided, any judgment for costs in any such proceeding rendered against any such married spouse, may be satisfied out of any separate property of such married spouse subject to execution; provided, that before any such execution shall be levied upon any separate estate of a married spouse, he or she shall have been made a party to the action, and all questions involved shall have been therein determined, and shall be recited in the judgment and the execution thereon."

_______________________________________

 

As a result, it appears that the above two statutes are somewhat contradictory. Accordingly, based on the facts that you presented, it appears that if there was an understanding between both of you that this was separate property, then on paper, you may be able to press criminal charges.

 

In reality -- and it is difficult to know the mind set of each police agency -- in my experiences, when there are spouses who are not legally separated and there is a transaction like this, most police departments would probably tell you that this is a domestic dispute.

 

Why? Because most police departments are interested in crimes that are cut and dried. Meaning easy to prosecute. So, if this person was a stranger, then the police would probably treat this differently. However, this is only an opinion. It would not be futile to call your local police and try to obtain a criminal remedy.

 

You must also consider the amount of what was taken. If it was substantial, then it is more likely that the police would get involved.

 

If not already accomplished, it would be wise to change the passwords on the account. Also, if a criminal remedy is not available and you are considering a divorce and/or legal separation, you should probably request the amount in such proceedings.

 

Accordingly, if you are intending to seek a divorce and/or legal separation, you should consider consulting a local attorney.

 

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

 

DISCLAIMER (I really don't like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advise for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.

 

This information is limited in scope and is confined to the question asked and should not be relied upon to provide a comprehensive picture of any particular situation and you are strongly encouraged to seek counsel for further course of action, if applicable. In other words, this response is not intended nor shall it be construed as providing you with all the information that your legal questions/issues may require. If you do require legal advice and retention/hiring of an attorney, I encourage you to consult an attorney who is actively engaged in the practice of law in the area of law relevant to your legal questions/issues and who is admitted to the bar or lawyer licensing agency in your jurisdiction(s) or the jurisdiction(s) that has jurisdiction over your legal questions/issues. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

 

Ali Kirk, Lawyer
Category: Criminal Law
Satisfied Customers: 244
Experience: 14+ years experience in misdemeanor and felony trials and appeals.
Ali Kirk and 3 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.