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FLACORPLAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 4634
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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Dear Sir/Madam, My marriage is falling apart. My wife has

Customer Question

Dear Sir/Madam,

My marriage is falling apart. My wife has depression problem and always blame me for any problem she has. She frequently behaves like 1 8 years old kid. Now she is talking about devoicing. We have separate banking accounts. I pays most of the household expense for the last 10 years. She only contribute very small amount. We don't own a house. My bank account has about 15000 dollars. Her account has about 130000 in it. All these money were our savings over the last 10 years. Legally this total of 150000 is money of both of us. She is talking about transferring mots of her money to her sister in China and starts the devoice process. How can I prevent her transferring the joint money? Is there legal ways?
Submitted: 6 years ago.
Category: Family Law
Expert:  FLACORPLAWYER replied 6 years ago.

Your best option is to file your own petition for dissolution of marriage. That way, any money she does transfer will have to be brought back into the marriage for purposes of the property distribution. If you have signature ability on her account you can transfer the funds to another account.

Customer: replied 6 years ago.
Thank you. My name is not on her account. She does not know how to manage account online. I have to set everything up for her. I can transfer money from her account to one of our joint account using online money transfer or to my bank account using pay2pay. Will I break the law if I do that without her permission? If I can not do that, the only way I cna see is to fight in the court to have the money divided. If she transfer the money to her sister in China, it will be very difficult to get the money back to U.S. Legally, the money is our joint property. Does she have the right to do so?

At this moment, I still want to work on to keep the marriage, sicne we have two kids, one is 9 an the other is 3 years old. Divoice is too cruel for them. Another thing is, we are in the process of green card application. I am the petitioner for her. I don't want her to lose her immigration benefit, since her job is depedent on it.
Expert:  FLACORPLAWYER replied 6 years ago.
You have so many issues here it is hard to know where to begin. Place your immigration questions in the "Immigration Law" section of our website. In my opinion, since she has granted you full access to her account, and since the account contains marital assets, you have the right to transfer money out. Remember if you transfer to a joint account, she can transfer it back or withdraw it. As to the children, you may find that it is much more cruel to make them live inside a broken marriage than it is to divorce.
Customer: replied 6 years ago.
Thank you. If I transfer money out to my account, will she be able to charge me on ID theft or similiar accusation?
If we end up in court fighting, will she have advantage on children cusdoty claim?
Expert:  FLACORPLAWYER replied 6 years ago.
This is not ID theft. She GAVE you her account information.