Legal Question in Family Law in Florida

sharing joint income

Can my wife legally prevent me from accessing our joint funds by placing funds in her personal account


Asked on 6/13/07, 3:44 pm

2 Answers from Attorneys

Re: sharing joint income

Not unless she has a temporary support court order allowing her to use those assets for support or a final judgment awarding her those assets. You should be able to get credit for the transfered assets later on in the process (assuming you are just starting the process).

In the mean time, I would ask the court for an injunction to prevent any more transfers.

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Answered on 6/13/07, 7:24 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: sharing joint income

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Joint marital assets should not be segregated by the wife placing funds in her personal account. You can apply to the court for an order prohibiting her from doing so and/or requiring her to return monies taken if a divorce has been filed. If not, when one is (if that is happening) you can ask the court to require her to account for the monies and to replace all missing funds.

If you have counsel, speak with your attorney who should know how this matter. If you have not retained an attorney, this may be a good time to consider doing so.

Scott R. Jay, Esq.

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Answered on 6/16/07, 3:41 am


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