Legal Question in Family Law in Massachusetts
My "spouse" and I have been separated for 5 years, although not a legal separation.We are in the process of divorce. We have a joint checking account which he has controlled. It is acceptable and "legal" to transfer funds from the account to my personal account?
2 Answers from Attorneys
If you have filed a contested divorce, neither one of you should be transferring, selling, or disposing of assets, with exceptions. Generally speaking, the money in a joint account belongs to both joint owners. You need legal guidance, not simple rules. I recommend that you retain counsel to assist you in making sure this is done right. Feel free to contact our office at 617-357-4898.
Upon the filing and service of a divorce there is an automatic restraining order that prevents marital assets from being transfer or spent. You should contact your lawyer concerning the transfer assets in order to avoid being in violation of the automatic restraining order.
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