Legal Question in Family Law in West Virginia

rights after seperation

Do I have the right to take money out of our joint bank account?


Asked on 3/28/07, 9:04 pm

1 Answer from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: rights after seperation

You absolutely do. Until a divorce is filed and a Joint Preliminary Injunction is issued by the clerk, you have an equal right to take all the money. You will have to explain to the judge why you did it and account for the money.

Very common reasons are: Needed the money to move and get a new place to live, first and last, etc. My spouse is a compulsive gambler and the money would be all gone if it stayed there, I don't work and need the money to pay expenses.

Be prepared to provide the judge with receipts or show the money is now in a separate account showing a bank statement that shows the approximate same balance that was in the joint account and you will be fine.

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Answered on 3/28/07, 9:32 pm


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