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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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i am not legally divorced or separated. my husband and I are

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i am not legally divorced or separated. my husband and I are on bad terms and we are going to get a divorce. He has taken a lot of money out of our account today so I will not have access to it. Is this fair? Can he take what he wants when we are talking about getting a divorce?
Dear JACUSTOMER - Until there is a court order as to the division of marital assets the account is marital property and either of you can take what you please. The only way to prevent this is for you to take the money and open your own personal account. Whatever was taken will be counted in the overall marital assets of the divorce so at some point you will be able to recover your half when the assets of the marriage are divided in the final divorce. There's simply nothing you can do until you get a case filed and get a court order prohibiting him from depleting marital assets. The courts will routinely issue orders of this nature pending the final divorce. So if you can get the money out and put it in a separate account you can protect yourself until the court issues orders as to marital finances.
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