Legal Question in Criminal Law in Wisconsin

Spouse Writing Checks to Self from Marital Account

Under the WI Marital Property Act, spouses who have not "opted out" of the Act's provisions each own 1/2 of all marital property which normally includes bank accounts (depending upon the source of the funds in the account). It is therefore a bit doubtful that the government would see a crime in one spouse taking marital property (such as money traceable to marital wages) from a joint account. Even forgery is not always charged very often in such a situation under the theory that the conduct is best dealt with in family court. The filing of a divorce has no legal effect upon ownership of joint property until a final decree is issued. However, if one spouse cleared out a bank account in violation of a temporary order, there may have options available regarding possible contempt of court. These online comments are not intended as legal advice and do not, alone, create any type of attorney client relationship between us.