Legal Question in Family Law in California
Breech of Contract/Agreement
My wife and I decided to open seperated bank accounts some months ago. We agreed to who was going to pay what bills verbally. She requested the 1st and 2nd mortgages plus others. We listed on a spread sheet the bills that we would be responsible for. Now I find she has not paid the 1st or 2nd in five months and our house went into forclosure. I saved it by refinancing in time, but my question is this. Do I have a ''Breach of Contract'' claim against her? It worries me because I feel she may be setting aside all these thousands prepairing for an attempt to file for seperation/divorce. And if I do have a claim, can I legally gain access to her bank records to find out where her monies have been going? I hate having to do this but I just can't trust the vague and evasive answers she gives me. I do have other questions revolving around what constitutes being ''unfaithful'', but that will come at a later time. Thank you very much for the opportunity to get some answers to my quarries
1 Answer from Attorneys
Re: Breech of Contract/Agreement
The money that she has earned and what she has put away in a separate account are community funds which you have a right to access those accounts. If not by agreement then by a legal separation action or dissolution. Keep the written agreement as it is evidence of her violation of her fiduciary duty, which is stronger than a breach of contract action. She could be ordered to reimburse the community any funds that she has taken and used for anything other than community purposes. Good Luck, Pat McCrary
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