Legal Question in Family Law in Virginia
Am I entitled to the money too?
I have been married to a vary controlling, jealous, phycially abusive man for a year, but we have been together for to years. Part of his ''rules and regulations'' is that I sign MY paycheck over to him, which I have done since the beginning of our relationship. If I leave him, am I entitled to any of this money since the bank account is only in his name? He won't put my name on the account because he controls the money! Please help.
3 Answers from Attorneys
Re: Am I entitled to the money too?
The money in the bank account belongs to both of you as long as you are married. The money in the account is marital property and you have a right to it. The problem is, the bank may not recognize that right away - it might be something that has to be sorted out during the divorce. Good luck. Shane Jimison, Richmond, Virginia.
Re: Am I entitled to the money too?
First of all, you need to leave this guy. The relationship you described is really, really sick. I regret I don't live in your area. If I were you I would immediately call or visit your local battered persons' hotline or shelter. And yes, in a divorce case you would probably be entitled to half the money.
Re: Am I entitled to the money too?
All money earned by either husband or wife during a marriage is marital property. You would have a claim to all marital property in a divorce case. If you separate and he spends it, you would be entitled to a credit later on.
You may be asking whether you'd be entitled to be refunded your paycheck that he made you sign over to him. If the money is spent, the answer is probaby no. If he didn't steal the money from you then there is probably no way to return it.
You probaly want to know whether you can get into a bank account that isn't in your name. No, you can't.
If he has shielded the money from you by putting it in his name, and you need support, then you must file a child and spousal support case in either the Juvenile and Domestic Court or as part of a divorce case in the Circuit Court.