Legal Question in Family Law in Illinois
Separate Checking Account
My husband and I have just separated; but he left owing bills. Before leaving he received a check in the amount of $10,249.00 and deposited it into his personal account. I did an electronic payment for his portion of the gas bill and the cable bill from his checking account on which I am not a signer. Did I do something illegal? I just feel that my husband does things and gets a way. I purchased a home believing that he would help pay for it, and he did not do right consistently, and we ended up filing a Chapter 13 in which we are currently in. I just feel that I am so angry that it is getting the best of me, and I am not doing the right thing by going into his personal account; but he owes these debts.
2 Answers from Attorneys
Re: Separate Checking Account
If you are not a signer you do not have a right to draft checks from it. Was this check a check you were entitled to?
Re: Separate Checking Account
The money is 1/2 yours if he received it during the marriage and it was some form of salary or income. So you didn't do anything illegal. However, you need to have an attorney if you are in the middle of a bankruptcy and going through a divorce. There is simply a lot going on with your financial assets.