Legal Question in Family Law in Arizona
can one spouse withdraw a large sum of money (from selling their house) from their joint account with out haveing to ask the other person permission? I need to pay off some debts adn want to purchase some things, and give some to my daughter and her family.
2 Answers from Attorneys
Techincally, until the peititon is filed and served on the other party, nothing stops you from doing this. You are always subject to the scrutiny of the court to determine what you did with the money so if you are going to do this, make sure you keep records. If your daughter is NOT your daughter with your husband/wife then expect for your husband/wife to want to be reimbursed for his or her 1/2 share of the funds.
While you remain married, each of you have equal rights to spend community money. However, if a divorce is to be filed soon, there can be issues raised as ot how the money was spent.
We can certainly help you consider and then pursue your options.
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ PETERS & ASSOC., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
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see our website at www.familylawaz.com