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Ask rvlaw Your Own Question
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I live in Texas. I left my husband 2 weeks ago because of ...

Customer Question

I live in Texas. I left my husband 2 weeks ago because of spousal abuse. He wrote me 2 checks on his account so I would have money. I took the checks to the bank and put a portion in a new account. I now find out that he is telling everyone that the checks were forged. I would never do that. The reason he gave me the money is I had an oil royalty and I put the money into his savings account at the time. Now he has told the bank that it was a forgery. The bank took back the entire amount of money even though I never deposited all of the money into the account. When I found out what happened I called Social Security to stop my disability check from being auto deposited. They could not do it since I found out on the 28th of May and my check goes in on the 2 or 3rd. The home where he is living is also in my name. What can I do to force him to buy me out so I can get the money back. Is there a way that I can do this? I am angry with both him for lying and the bank for not telling me.
Submitted: 9 years ago.
Category: Legal
Expert:  rvlaw replied 9 years ago.


Sorry this is happening.

You need to get a lawyer tomorrow. He/she will file a divorce action and a motion to be heard asap for an order directing your husband to return the money. The disposition of the house is a separate issue that either you will agree on or the court will order a sale and division of proceeds. Title to the property is NOT relevant to asset division I'm afraid. These are the issues that are more important frankly than his lying and the bank's conduct.

I will get you a link to a directory we lawyers use to find highly qualified legal specialists in various fields at locations world wide. These lawyers are in the directory because they were rated as qualified by other lawyers in their field of expertise and geographic area.


Customer: replied 9 years ago.
Reply to rvlaw's Post: This really does not answer this question. Do I have to accept or not.
Expert:  rvlaw replied 9 years ago.

You cannot force him out. That can only be done by agreement between you or by the court in a divorce decree. That's why I gave you the lawyer list. Plus I gave you the way to get your money back BEFORE WAITING for the disposition of the house.

I hope that is clearer.

But never have to accept any answer you don't want to.