Legal Question in Family Law in New York

Adultery

My husband had and affair and used money from our joint account and our son's college fund to buy the woman lavish gifts. Do I have a way to recover the gifts?


Asked on 10/29/03, 11:34 am

2 Answers from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Adultery

Your husband may be chargable for his marital waste. His waste should be subtracted from any distributive award- i.e. his share of the marital property.

Daniel Clement

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Answered on 10/29/03, 12:02 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Adultery

You can sue your husband for divorce and include these gifts as part of your complaint. You cannot recover them from the woman, because presumbaly your husband had authority over the account and accordingly had authority to use funds in these accounts. The money is not considered stolen, but it is misappropriated.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 10/29/03, 12:39 pm


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