Legal Question in Family Law in Minnesota
My Son's wife walked out on of their joint morgaged home, they had 2 saving accounts with over 8,300 in them. One had her on as a primary but also his name on the account, she closed it down and will not give him a penny of it.
They also have another joint account she wants him to use to make their bills with. Is he not entitled to access any money to the first account she closed? In the Divorce will both accounts be split between them or will only she be entitled to the money? And will she have to pay him back the money if she uses that fist accounts money for her own? She also has been cheating on him all though they are not legally seperated or divorced, even to go so far as to do it in front of him.
What are his rights, she told him to pay the morgage and bills out of the 2nd joint account and probably will refuse to pay him morgage and utilitys, her name his the only one on most of them, should he let them go and let the collectors come after her for the money if she doesn't pay?
1 Answer from Attorneys
First, like most things in a divorce, until the parties appear in court either for a temporary hearing (to establish issues while the divorce is pending) or for a final hearing, assets,debts, occupancy of the homestead, custody, support become unresolved issues. They often turn into a tug of war where possession dictates who has the benefit of an asset.
Ultimately, in a divorce, Minnesota law defines the marital estate (community property) as any asset acquired during the marriage whether that asset is held in the name of either party or both. This specifically includes real estate, cars, pensions, 401K plans, business interests, stocks, bonds, stock options, dogs, cats, chairs, collectibles and bank accounts etc . . . If one party has dissipated (gotten rid of) assets in anticipation of a divorce, the value of those assets may be considered as part of the divorce property and debt division. They remain marital.
Infidelity has no impact on the issues of divorce. It does not affect property division debt division or requests for support or maintenance.
FOR A CONSULTATION CALL 612.240.8005
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.
