Legal Question in Family Law in California
In California, my son has been unofficially separated from wife since late January, 2010. He has a small business which license is under both spouses name., He needs to move business/personal account (combined) to his name as other spouses is spending money without regard to debts owed or income coming in. They have been married for over 20 yrs and have a 13 yr. old daughter. Current Bank will not do a new account with just his name only. Can he go to another bank and do different business account so he can have control of what is going out ? He has control of income going in.Other spouse is non working in the business, except for signing payroll checks occassionally. She has not intentions of reconciling so my son need to take action in order to operate the business.
2 Answers from Attorneys
If they have filed for divorce, he must obey all temporary restraining orders that come along with the summons and petition. Since you say he is unofficially separated, I am assuming they have not yet filed. Most banks will not allow you to change the name on an existing account to exclude someone without their permission, but I am really unclear as to why he cannot simply open a new account with the same bank. Once he opens a new account, he may have to work around her signing checks if he doesn't want her on the account. He can call me at (949)517-8638 if he has any questions about what he can do to protect himself at this point.
He needs to file for divorce and immediately seek temporary orders for control and operation of the business. The automatic restraining orders may not be sufficient to contain his wife's conduct. Specific orders for managing the business need to be issued.
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