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Benicia Baker-Livors
Benicia Baker-Livors,
Category: Criminal Law
Satisfied Customers: 36
Experience:  Managing member at Family Law Group
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I was with my husband years and married over 2 years. I was

Customer Question

I was with my husband for 6 years and married over 2 years. I was a homemaker throughout our entire marriage. We are recently separated for about 2 months now....I am in an apartment which he signed for and is paying for. He gave me cash but I had to use that for everything for myself and 13 yr old son...my son is from my first marriage. We just left with our clothes only so we needed everything. Everything is in his name including our house which he purchased 4 months before we were married. He said he didn't want to add me because it would lower our interest rate. I asked him for cash the last couple of days but he will not answer me and just feels like I'm on my own now. I have bills to pay, food to buy & I can't afford to hire a lawyer. I can take money from a Paypal account or bank account with just his name which I have taken money out throughout the years monthly BUT the account is in his name. The password ***** ***** same. If I file legal separation can I get emergency support? Should I take money out of the account? If I take out $3500 could I get in trouble for that? As soon as he realizes he never changed the password ***** I take money out he's going to change the password ***** so I'm thinking I should take out enough for the net couple of months. Can I file separation papers and emergency support without a lawyer? I need advice.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Benicia Baker-Livors replied 1 year ago.

I have a few questions first before I can respond because I am a little confused. Please bear with me.

1. You start off saying you recently separated and that you are in an apartment that he signed for. Is the apartment a year lease only in his name or did he put your name on the lease but he paid for it? Has he paid the whole year?

2. Why don't you just move back home? Do you want to move back home or do you want to move out? If you wanted to move out, did you pick your current location?

3. Do you have a prenup?

4. You said everything is in his name. How did or do you buy groceries? Does he provide you with an debit or credit card? If so, don't forgot you can get cash back every time you check out from these places and that cash back can add up quickly. You can also buy items on a credit card or debit card and return for cash at some places.

5. Do you have any grounds for request an order of protection against him for abuse or threatened abuse or stalking or harassment? See this site for who qualifies http://www.courts.ca.gov/selfhelp-domesticviolence.htm

6. A restraining order can get you immediate spousal support and access to your house again. So, think very carefully about this.

Expert:  Benicia Baker-Livors replied 1 year ago.

If I have answers your question, please approve my answer. Thank you.

Customer: replied 1 year ago.
Well, anyone over 18 had to sign the credit application for the apartment. I am on the lease as well as my son but it is based solely on his income. The lease is for a year ending August 2016 and he set up automatic payment on-line and pays monthly $1195.00. He did not pay for an entire year. I picked my current location because things were getting bad at home and having a son I couldn't continue to stay. No physical abuse but emotional abuse and it was getting uncomfortable....my son could pick up on a lot of the tension. My 13 year old son said at that time he didn't like him because he was so mean to mean. He has a 24 year old son living in the home as well....his son came to live with us in May 2014.I thought moving out would give us both a breather and we could work things out. But on initially speaking with him he just angry with me and doesn't want to talk about our relationship. He doesn't contact me. I told him my son look to him like a father and to keep the communication lines open with him. My son speaks with him and is planning activities with him. I don't feel I can just move back into the home and at this time I wouldn't want to. I'm not happy that we had to move out of our home my son and I have lived for 6 years and its difficult for my son and I. We live 10 minutes from our house and we see the house everyday because I take my son to his friends house for school every morning. He has walked to school with his friend since this year and I wanted him to still have some sense of normalcy so I didn't want to change this.
We didn't have a prenuptial agreement.I had used his bank card for cash. I have taken out $680 per month since the start of our relationship 6 years ago. That was just for me personally. I used his debit card or sometimes I sent cash from his account to mine for monthly cash or groceries. We would go purchase groceries together as well. I had a credit card but he closed it so I can't use it any longer. I've picked up cash from him and my mail at our house on 3 occasions since moving out. He has given me $10.000 cash total but I've had to furnish a 1200 square foot apartment, pay utility bills which he put in his name except for the cable. I also have to pay my credit card bills. I have a car....brand new when we purchased it that's paid for but it's in his name but he bought it for me. We financed it for 5 or 6 months then paid it off about a year ago. He says I can put it in my name because I have the title.I don't want to stop my son from having a relationship with him and I don't want to close the door on reconciling. I don't think filing a restraining order is an option for me.I don't think he realizes he didn't change the passwords to his bank account because I see they are the same. Do I have a right even if my name is ***** ***** the account to take money out as his wife? As soon as I take money out he will change the passwords.If I file for legal separation on my own how soon could I get spousal support?
Expert:  Benicia Baker-Livors replied 1 year ago.

In most states, and under federal banking laws, you are not allowed to withdraw funds from accounts unless:

a) you are an account holder OR a joint account holder OR

b) an authorized user or authorized signor on the account

You are neither. There are some exceptions if there is a power of attorney in place. However, powers of attorney have very specific triggers as to when they are valid and most of the time there is a need for incapacity or unavailability.

While you may have a MARITAL right to the funds in the account, you do NOT have a right to access the funds from the bank itself. Look at it this way. If your marriage has a net worth of $100,000 and $20,000 is at Bank of Husband in only his name, the $100k is still marital property for the divorce court to divorce. However, only the divorce court OR Husband can access the Bank of Husband to get at the $20k. If you were to access "Bank of Husband" you would be committing bank fraud. There is a difference between being entitled to the general idea of money and being entitled to that exact money.

Your first round of questions were about what your options were, legally, for getting financial support from the courts. The courts aren't going to let you log in under husband's name. Read the link I sent you over the weekend to see if any of your history with your husband or your 13-year-old son (restraining orders can be issued to protect step children too) supports a protective order. If so, that is your quickest way to have a court consider ordering financial support against your husband's wishes. The court can also award you the residence and put him in your apartment. The Court hates displacing children.