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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I want to purchase a restaurant and my husband recently took

Resolved Question:

I want to purchase a restaurant and my husband recently took a lot of money to buy a house for him and his girlfriend(that he is supporting with our money)he knew that i wanted the money to buy this business prior to the purchase of his home and now that he bought the home without my permission he tells me we dont have the money for me to buy the business. I have a small amount of money put aside for the business but I am still short. i want to take money out of my stocks to do it but my husband will not disclose the information on where the stocks are. I a frustrated and need the money. He is not being fair to me and i want to knowif i should just take the money out of our account withough his permission(even thoughhe did the same to me). and if he says that was our mortgage money and now he cant pay the bills i want to respond by telling him to sell the stock to replace the money since he is not disclosing the stock information for me to sell will this hurt me in a divorce?
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good morning,

Though to take the money without discussing it with your husband may well anger him, if the two of you have a joint savings account or a joint checking account, you are within your legal right to empty the bank account and spend the money to open your business if that is what you want to do.

In a divorce the court will ask each of you to account for money spent. Your argument would be that you opened a business for the benefit of the marriage--because it will earn income for the marriage. Whereas, the money spent by him is to provide lodging and support for a mistress.

You will be in fine shape in the divorce. And, by the way, I'm going to speculate that you also own half of the house he just purchased.

I suggest that you file for divorce soon--before he has the opportunity to squander all the marital assets the two of you have.

Best of luck to you.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,


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