Legal Question in Family Law in California
Embesselment -
My husband and I separated but kept a joint account open for 9 months post separation as we were trying to reconcile. I took money from joint account & put in a CD under my name only after we had both went together to find a high interest CD without luck, (our reconciliation failed and he threatened to take all the money) - I didn't put $ in my personal account. I used the CD money to pay property tax, supplement 2 other joint accounts that were for our 2 properties as well as for personal needs and my husband's request for money. We both took money from the joint and put in our personal accounts.
He is pursuing embesselment charges because he received a personal injury settlement just after we were married, an 8 year marriage. All money from both of us has been joint since date of marriage, he deposited his settlement into joint account, both our paychecks & monthly assistance from my parents also went into joint account. We bought and sold 5 houses during our marriage. After a tracing of the amount that we each received , from joint account and the CD it was determined that the amount we both ''took'' is about the same. Does he have a case?
2 Answers from Attorneys
Re: Embesselment -
You should consult with an attorney so you can get a court order to freeze that bank account. The account should be frozen so you can determine what is the proper allocation of those joint funds.
As always please consult with an attorney in your area prior to making any legal decisions.
Good Luck!
Law Offices James Chau
181 Devine St.
San Jose, CA. 95110
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Re: Embesselment -
His threat of criminal charges is an attempt to cause to worry and give him some advantage. The worst case would be a court order that you pay him some amount to reimburse him for his separate property. Consult with your attorney regarding these threats.
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