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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33731
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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Ok about the same wife, we have been living seprate for about

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Ok about the same wife, we have been living seprate for about 2 1/2 to 3 yrs. I'm deloyed right now and I have an allotment set up for her for $500.00 a month but I have let her borrow close too $5000.00 in additional funds due too bills, car repairs, christmas ect... She agreed that she would pay me back when we file taxes together. Normally we file together and split the return 50/50 she would be the one to file them and give me my half. This year we agreed that I would file them and send her half minus what she owes which would be about $2900.00, because I told her that some of the money she didnt have to pay back because it was for the kids directly. Anyway my first question is if she dosnt pay me back is it possible to sue her for it? Also is it illegal for me to login in to her online bank account and just transfer the money to my account? Last question, Is it possible for someone to serve jail time for adultery?
It is possible to sue her, there isn't immunity just because she is your wife, but it is going to be very hard to get the judge to rule in a way that is terribly helpful. The reason is that anything you make or any debt you incur is community property so the money you gave her was half hers anyway and the money she repays you with is half yours anyway. I'm not sure how a judge would rule but I SUSPECT, and that's all it is is just a suspicion, that they are going to say it is a wash.

The law on whether it is illegal to log into her account is still being established, since the money is half yours it shouldn't be but in LA you never know what the local DA would do.

Adultery isn't crime in LA. I only know of one state, I think it is VA, where it is still a crime but no one has been prosecuted for years and I have doubts as to whether it is even Constitutional.

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Customer: replied 5 years ago.
Thank you but I am doing efile and there is an option to have the return direct deposited to my account.
As long as you aren't forging anything then the burden will be on her to sue you to get the money back and then you can assert your defense/counterclaim so you should be fine.