Legal Question in Family Law in California
My husband & I are getting divorce....nothing filed yet....in process. He has refused to work for the last 8 yrs.i cut him off my credit cards. He has no income coming in. Is there a way to freeze access to our home equity line of credit(Heloc) so he can't be taking all our money before the divorce gets filed?
2 Answers from Attorneys
Make a request in a motion called a request for order to prevent either party from using the equity line without further court order approving the use of that credit.
Ms. Kock's answer is correct, but if you want to freeze the account permanently, a first step would simply be to contact the bank and ask them to cancel further draws on the LOC. Once a divorce is filed there is an automatic restraining order against taking out more debt except for necessities of life, so you may well want to just shut the HELOC down entirely rather than get into a fight later about whether a draw was "necessary." Also, although she doesn't mention it, that motion would have to be part of a divorce. So any way you want to go about dealing with the HELOC, you need to get the divorce filed and served sooner rather than later.