Legal Question in Family Law in New York
Marital property
I don't like being around my husband anymore with whom I have been married for 11 years and share 1 child together. THis is 2nd marrriage for both and we each have 2 children from previous marrriage. The problem is that he has started drinking again after 6 years of sobriety. He drinks in secrecy the hard stuff straight from the bottle and this has been going on for 1 year. I also found out that he is smoking pot. I don't condone or enable any of his habits. He also has control of all finances. I want to leave and get out of this hell hole. My question is'' Can I remove any money from the checking or savings accounts that are in his name only without him knowing it, legally,so that I can provide for my child and myself with other living arrangements?
1 Answer from Attorneys
Re: Marital property
I think you know the answer to the question. You can not remove money from your husband's checking or savings account since the accounts are in his name only.
What you can do is talk to your husband about his problem and how it is effecting you and get him to commit to counseling if you want to save your marriage.
If all else fails, you can always file for divorce.
Good luck to you and please feel free to call me if you decide to pursue a legal solution to your matter.
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