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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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Dear Family Law Expert, I need help with... retrieving money

Resolved Question:

Dear Family Law Expert, I need help with... retrieving money my seperated wife took from my our joint account
Submitted: 5 years ago.
Category: Family Law
Expert:  legaleagle replied 5 years ago.

Thank you for contacting with your question. I will provide legal information related to your question.


What is your question? Do you have a separation agreement?

Customer: replied 5 years ago.
In answer to your question, we dont have a separation agreement. I have been in the UK for the last 2.5 months. We have really only separated/broke up in the last few days. She had previousy threarened to cash in all my checks and didnt and then she threatened again to do this and did. These are checks made payable to just me. During that time checks were mailed to me in California and my wife deposited them into a joint account and then a few days later she withdrew the money. The total amount is approx $35,000. I have recorded our telephone conversations during this time and the conversations captured her explaining what she threatened - can these recording be used as evidence? Also some of the conversations state that she explains how to falsify medicals records and how to defraud the IRS. Do these statements have any legal value?
Expert:  legaleagle replied 5 years ago.
If she took money that was not considered marital property, since she is in CA and it is community property, then you can file for a legal separation or divorce to get a judge to find that she took money that she was not entitled to and to have an order for her to return the funds to you. Also you can contact the persons who sent the funds and have them file claims with the bank that the signatures for deposit were forged and were not yours, you can report this to the local police also and she could face criminal fraud charges. In CA if you record a conversation you have to have consent by all parties to make the recording for it to be legal so even though you have the recordings they can not be used as evidence in a court of law, but you or your attorney may be able to get her to cooperate if you tell her you have the recordings. You can report to the police and the IRS that she is committing fraud and tell them what she told you about falsifying the documents but they will not be able to use your recordings.
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