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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37588
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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i was awarded a large settlement my husband agreed to take

Customer Question

i was awarded a large settlement my husband agreed to take me to his bank to cash it because i did not have the years required with the bank. This was a pay out for workmen comp and need to live off it for the rest of my life. he has 401k and large bank accounts that i have no access too. i dont even have a car. What can i do to get my money. He says hes not going to give it to me and that there is nothing i can do about it. :C Help
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. I am genuinely sorry that you are in this situation.

I realize that this may be a bit of an insensitive question, but have you considered potential divorce in this situation?
Customer: replied 1 year ago.

no divorce he would never agree to it. he wants to keep the money and give it to me when he feels appropriate. i can show the papertrail rom the courts last month awarding me and writing out to me

Expert:  Dimitry K., Esq. replied 1 year ago.

Nancy,

My concern here is short of taking your husband to court and demanding a formal split of assets, you cannot make him give the money to you. While married, assets are deemed to be jointly held. Typically settlements are separate property and belong to the receiver (you), but if someone claims or can show that the funds were moved into a marital account, the other spouse can claim that those assets are now marital and jointly owned (and very likely why your spouse offered to put the money into his account). This is why I brought a petition for divorce, it is a situation where if you want financial independence and also want the courts to order that the money be returned to you, that is the only option. You can file for spousal support as well and make him pay for your expenses, but that will not compel him to return the money to court.

I am very sorry.

Customer: replied 1 year ago.
Relist: Incomplete answer.
what paperwork or motion can i fill out to get my money back from my husband, if i have a clear paper trail proving it was mine and he was not to keep it. he said he would cash it only
Expert:  Dimitry K., Esq. replied 1 year ago.

Nancy,

Kindly do not relist my answer if you are seeking additional information. That keeps me from seeing your post and delays my response time.

Please allow me to be clear--you cannot file paperwork to get your money back. This is now a marital asset that you transferred over to him when the check was cashed into his account. You cannot sue because the courts would see this as a valid transfer between spouses, regardless or not if that is what you intended. The paper trail is irrelevant, and the moment that check hit your husband's account that money no longer became yours but because a marital asset. This is why I suggested filing for divorce, in a divorce proceeding you can then claim that the funds were supposed to be separate and that the spouse, as part of his marital split has to return the funds back to you. It is not an ideal solution, I agree, but you cannot sue your husband for cashing your check for you and then refusing to give the money back. That is not illegal regardless of what you have as a past showing that this was your own entitled money. I am not stating this to you because I enjoy giving you unwelcome news, it simply happens to be the accurate answer at this time.

Please take care.

Expert:  Dimitry K., Esq. replied 1 year ago.

Nancy,

Thank you for your follow-up. Please allow me to assist you with your follow-up concern.

You asked:
what about his 401 k would i have access to tthat too?
-----
The same answer applied, if the 401K is only in his name, you can only obtain access to those funds under divorce proceedings. You cannot force him to give these funds to you without the courts, but I can state that if you were married for a significant period of time, you have what is known as an 'equitable share' in the 401K, which permits you to claim a portion of those funds as part of your divorce settlement demands. And, it is likewise irrelevant if he does not wish to grant you a divorce, if he refuses to comply, the courts can issue a 'default divorce' ruling, granting you a divorce over his inaction.

Good luck.

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