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?
2 Answers from Attorneys
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
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.
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