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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My stay at home wife wants a divorce. We own a house and one

Customer Question

My stay at home wife wants a divorce. We own a house and one vehicle together. She took all the money we have out of our account except 100 dollars and kicked me out. I have been sleeping in my truck and with friends to get by as I have no money for a lawyer. What legal options do I have
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. "What options do I have" is a very open-ended question. What exactly are you asking about? For example: how to get her to put the money back, how to get access the to home, property division, how to file for or answer a divorce, etc...?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
How to get some money back so I can live till I get paid. I opened another account at a separate bank for my direct deposit to go into. Will this cause me trouble in the divorce process? Do I still have to pay the mortgage and bills even though she kicked me out and took all my money
Expert:  Ely replied 1 year ago.

Has she actually filed for divorce?

Customer: replied 1 year ago.
Not yet
Expert:  Ely replied 1 year ago.

Thank you.

What she has done is improper, but there is no way to force her to put the money back unless you or she file for divorce, and ask for temporary orders requesting this. The Court should then order her to put back what is considered community money.

Opening another separate account is not an issue and should not cause problems, especially given what she did.

There is no mandate to continue to pay the mortgage or bills. However to avoid deterioration of the estate, someone in your situation may wish to file for divorce or at least separation and then to request temporary orders while the suit is pending to divide communal assets and decide who gets to live in the home, and who pays for it, etc.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.