Legal Question in Family Law in California
Type Your Question Here...My wife and I of 17 years have always had issues with money. She wants to spend and I want to save. Up until recently we operated from one single checking account. My wife is a Real Estate agent that works with a "Team Mate". About a year ago, my wife advised me that she and her partner were going to open a small checking account to share for their business needs. That relationship ended shortly there after. I became curious about that account and started investigating because it seemed like my wife was working a lot but not selling anything. I asked her about the checking account and if she still had it, mainly because I had never seen a bank statement. She told me that she still had it and was keeping it. I asked if I could see a bank statement, she said "fine" ...... but I still have not seen one as of today. I just noticed her taxes from last year that were on her desk, she has both of ours done professionally. Looks like she made $55k last year. NONE of that money made it to our joint checking account. She's been having our house cleaned once a month or so. She pays for it with a check from our joint account. When she buys dog food, usually at $ 70.00/bag, she writes the check from our joint account. I could go on but instead will bring up just one more thing. I just finished reconciling our check book for last month when I noticed $ 2000.00 was transferred from our savings account to another checking account which I assume is hers. The biggest issue there is that the money that was transferred was part of my inheritance from when my Mother passed away in 2010. We agreed several months ago to begin the divorce process, I have not pushed it forward and she seems content with status quo. How do I legally deal with the money issue and is it legal for her to take from my inheritance ?
2 Answers from Attorneys
The way you deal with the money issue is move the divorce forward. Your attorney will subpoena all her bank records that you don't have. Unfortunately money earned and spent during the marriage is gone. You don't get any reimbursement for a spendthrift spouse.
As for your inheritance, once you deposited it into a joint account you created a presumption that it became community property. That presumption MAY be able to be overcome, but you will need a lawyer to do it.
You need to see a lawyer as soon as possible.
A deeper understanding of how the finances have been managed may result in a fiduciary duty violated by your wife. It's very important for you to meet with an experienced family law attorney and also gain the assistance of a forensic accountant to ascertain your rights.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
