Legal Question in Criminal Law in New York
I am married, but have my own bank account. My wife took out money each week without my knowledge. Is the bank responsible to reimburse me? Do I have any recourse towards my wife?
3 Answers from Attorneys
You have recourse against the bank and you wife. The bank will have to refund the money. You can go to the police against your wife.
If you are still with your wife, chaulk it up to experience and hide your account information better. Bad idea in any event to get police involved. You might regret it later, especially if you have kids
Whether the bank is responsible to reimburse would depend on how your wife went about taking out the money. If she wrote out a check and the signature matched the one the bank has on file, or if she used an ATM and had the proper access code the bank would probably be off the hook. As far as your wife goes, yes you can hold her responsible. You can sue her, or you can press criminal charges against her (those might include larceny and forgery amongst others). I suggest you try working it out with her before you take any of these drastic measures. Good Luck!
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