Legal Question in Family Law in California
can a husband leave a wife ann family and change bank accounts and demand furniture from his
wifes home? the wife does not work.she has been a wife for twenty years and there is one eleven
year old son with wife.the husband wants to control the mony ann pay only the bills he can afford
to pay.he has already rented an apartment for himself and he wants to take furniture out of his wifes
home to furnish it.please.
please advise
ruben
.
2 Answers from Attorneys
A husband has a fiduciary duty to his wife. That means he is legally obligated to provide her with full information and access to all financial information and assets of the marriage, and full information about all separate property assets he may have. It also means he must share equally and openly with her all money and other assets. Failure to live up to these obligations can and will result in monetary sanctions in divorce proceedings, but can be grounds for awarding all community property to the wife. Also, if he has already obtained an apartment, the wife has the right to get an order excluding him from the family home until the court orders a distribution of the contents. If the wife gets a lawyer, any husband who tries to do what you are describing is going to have a world of hurt in court.
If no divorce case has been filed, then there are no automatic restraining orders in effect that can limit some of the behaviors mentioned in your fact pattern. Tim is absolutely correct on the consequences of husband's actions. To avoid the cost and complication of reclaiming any lost property, money, etc. it is best to get into court as soon as possible and ask the court on a ex parte motion to stop husbands actions and get an accounting of any of the money and belongings taken by husband.