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Post by mirrororchid on Apr 10, 2023 4:37:22 GMT -5
Northstar Mom is right. It's ALL marital property. Even inheritance can be in jeopardy. I recall one case where a spouse opened up a bank account using a few dollars of marital money, then deposited the inheritance they received. The attorneys successfully argued that the WHOLE account was marital property because the funds were comingled. There's no way to determine which dollars in the account were inherited and which were marital so they were all marital as the law goes. Don't expect the law to be fair. Expect lawyers to be evil incarnate. Just know that the precedence become the rules. You might have more available than you expect, even if you have to pull some strings to get it. Wow. Great warning to share. Sounds like your best move is to open an account with a check a friend has written out to you. The seed money isn't your money, their money, or collective yours. It is a "stranger" 's money. Riffing off Northstarmom, Dallasgia, if you have no card in your own name, maybe there needs to be one. Your hubby might cancel any you use? Getting derailed mid process could get you off balance again. |
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Post by shamwow on May 7, 2023 16:52:48 GMT -5
Northstar Mom is right. It's ALL marital property. Even inheritance can be in jeopardy. I recall one case where a spouse opened up a bank account using a few dollars of marital money, then deposited the inheritance they received. The attorneys successfully argued that the WHOLE account was marital property because the funds were comingled. There's no way to determine which dollars in the account were inherited and which were marital so they were all marital as the law goes. Don't expect the law to be fair. Expect lawyers to be evil incarnate. Just know that the precedence become the rules. You might have more available than you expect, even if you have to pull some strings to get it. Wow. Great warning to share. Sounds like your best move is to open an account with a check a friend has written out to you. The seed money isn't your money, their money, or collective yours. It is a "stranger" 's money. Riffing off Northstarmom, Dallasgia, if you have no card in your own name, maybe there needs to be one. Your hubby might cancel any you use? Getting derailed mid process could get you off balance again. I would suggest opening a credit card in your name in any case. You will need to build a credit history post divorce anyway. Right now you are married and there is an income you can reference. You will get a better deal than doing it post divorce with little to no income of your own. |
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onempty
Junior Member
I'm almost free...
Posts: 62
Age Range: 51-55
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Post by onempty on Jun 2, 2023 8:10:20 GMT -5
When my divorce was just about to happen I took half our bank acct $ and put it in my own acct and I also changed my paycheck direct deposit to my own acct. I told the ex I did this and that the other half was hers. I thought I was being fair while protecting myself. She told her lawyer and her lawyer quickly got a court order making me put the $ back and refrain from doing that again until it all got settled. Good luck in all of this. It sounds like a miserable situation you need to get out of ASAP.
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Post by angeleyes65 on Jun 2, 2023 8:50:48 GMT -5
When my divorce was just about to happen I took half our bank acct $ and put it in my own acct and I also changed my paycheck direct deposit to my own acct. I told the ex I did this and that the other half was hers. I thought I was being fair while protecting myself. She told her lawyer and her lawyer quickly got a court order making me put the $ back and refrain from doing that again until it all got settled. Good luck in all of this. It sounds like a miserable situation you need to get out of ASAP. I did the same but no issues but we did a no fault divorce cheap and quick while he did not want the divorce he couldn't stop me from leaving. I told him he can do it friendly and cheap or messy and expensive. I let him stay in the house and left him with the bank act with the auto pays set up. He was happy about that. One issue I had was the utilities were in my name since I was more available when house got done. I should have changed it all over before moving because hard to get him to do it. I had to threaten to call and shut everything off |
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