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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27267
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Regarding a divorce situation. I woul like to know if I can

Customer Question

Hi! Regarding a divorce situation. I woul like to know if I can transfer 1/2 money from joint accounts into personal account? I live in Plumas County Ca
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. Has anything been filed yet in regard to the divorce? Is the matter pending before the court?

Customer: replied 1 year ago.
Nothing has been filed yet
Customer: replied 1 year ago.
No matter pending
Expert:  LegalKnowledge replied 1 year ago.

Thank you and sorry for the delay. If you know that divorce is pending, you really do not want to take 1/2 the money from the joint account, unless this is agreed upon by your spouse. I say this because this money would likely be considered a martial asset and unless everything is going to be agreed upon and nothing will be contested, the allocation of this money and/or the need to use it for other matters related to the divorce, could cause an issue. It would be viewed in bad faith, to simply take the money out and then file for divorce. Your spouse may feel that they are entitled to more then 1/2 or that some of the money needs to be used and applied to other things, when the martial assets and debts are divided. Since you have access to the account, there is nothing illegal about it per se but it could cause problems if you use the money and then do not have it if needed, down the road, when the divorce is final.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!