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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31985
Experience:  JD, 16 years legal experience including family law
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Hello, I have a question for my father who is a senior citizen

Customer Question

Hello,

I have a question for my father who is a senior citizen who is trying to get his ex-wife to follow a court order to sign the quick deed to his property, part of the divorce decree. She refuses to sign and is avoiding him. How does he handle this situation? Also she went into his bank account (joint) and stole all of the money. How does he get his portion, if not all of his funds back?
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your father's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Your father held an account jointly with his ex-wife? Was there a written agreement with regard to who could withdraw funds from the account?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

I do believe it was only for deposit only. Im not for sure. I know that she did this once the divorce papers were filed. She went and took all the money and any documents that the had. He has nothing. She wont give him anything


 


 

Expert:  Tina replied 1 year ago.
I see. Thank you for providing this additional information, Fornicha.

With regard to his ex's failure to sign a quit claim deed as required by the court's order, your father could file a motion for order to show cause with the court, requesting that she be held in contempt of court and even jailed until she does comply with the court's order. This usually motivates individuals to comply with court orders to avoid being incarcerated and is the usual method for enforcing court orders.

With regard to the joint bank account, normally either party may withdraw any or all of the funds from a joint account unless it is restricted in some way. In fact, spouses often do this where there is a separation or divorce is anticipated and there is normally nothing unlawful about it.

However, if divorce had been filed and she withdrew all the funds from the joint account, she would typically have an obligation to preserve the funds and not dissipate them since they represent marital assets, except she could use them to pay down marital debt or for regular living expenses. If she dissipated them, then your father could request that he be granted a greater share of other marital assets to compensate him for his loss in the marital asset.

Here is a CA court form and instructions for an order to show cause:

http://www.courts.ca.gov/documents/fl410.pdf

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina


Tina, Lawyer
Category: Family Law
Satisfied Customers: 31985
Experience: JD, 16 years legal experience including family law
Tina and 4 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Tina,


 


Thanks for the information. I will advise him. One more question. Can this become a civil issue about the money in the accounts, if it wasn't part of the divorce decree and he can come up with proof of which funds was his? I do believe this was his retirement money.

Expert:  Tina replied 1 year ago.
Hello again, Fornicha.

My apologies for the delay. I was called out of the office today. No, unfortunately this issue would typically have to be addressed in the divorce with regard to the division of property if it occurred prior to the divorce being final. If your father's ex did not disclose to the court assets in her possession, then that could provide a basis to reopen the case. If she did disclose them, then the decree would normally stand and there would be no further recourse unfortunately. Reopening a divorce case is not a simple matter and if your father wishes to pursue that, he really needs to retain a local attorney to advise him on that.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 1 year ago.

Hello again,

I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.

Is there anything else I can assist you with?

If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/

Thank you very much and all the best to you.

Tina

Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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