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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102522
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son did not pay approx $600.00 to a cash pay co. The cash

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My son did not pay approx $600.00 to a cash pay co. The cash pay co. put a hold on his spouse's bank account. The spouse did not sign any contract or any other documents. They do not live together but were not divorced or legally separated. Does his spouse have to pay the cash pay co.?
Submitted: 8 years ago.
Category: Legal
Expert:  Ely replied 8 years ago.
This falls under family law, actually. What state are you in?
Customer: replied 8 years ago.
Expert:  Ely replied 8 years ago.
Oh, I see that you provided that info in the original question - my apologies. Last tidbit that I need to know - is your son's name on his spouse's bank account.
Customer: replied 8 years ago.
Expert:  Ely replied 8 years ago.
Ok, I am just making sure.

Property of marriage in Kentucky can either be "separate property" or "community property." Separate property is the money and property the spouse had BEFORE marriage. Community property is all gathered after marriage.

IF his wife has the bank account only to herself and he's never put any money into it from work and other sources, it's separate property, and they CANNOT do this.

To release it, you'd have to get a "Declaratory Judgement" from the Court to that effect and use the court's Order to release it. In this case, small claims outta do it.


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