Legal Question in Family Law in Massachusetts
seperation
My husband and I still live together but are living like we aren't. Together we had over 12000 in a safe in the house well he took it how would I prove something like that in a court? I want 1/2 of it it is mine too.
3 Answers from Attorneys
Re: seperation
The risk in being married is that the property is joint. Only in a divorce can you raise this as an issue. I do not believe you have a right of criminal or civil action.
You have the same rights as he does.
Re: seperation
I assume you are asking about a divorce proceeding.
You should really retain an attorney if you are considering divorcing your husband. As far as acceptable methods of proving the amount of money in the safe, there is verbal testimony of the parties, receipts for purchases, proof of deposit of the money in an account, etc.
Re: seperation
If you are to initiate a divorce proceeding, your attorney can find proof by getting bank account information. If he withdrew $12K, it must be somewhere or he must've spent it on something that's worth $12K.
You might not be able to get the $12K back in cash but instead, you could get a division from some other assets - such as a house for example.
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