# Spouse spending/withdrawing funds from joint account



## ReadyToChange (Nov 6, 2011)

...after date of separation. There is no legal separation in PA, but they use the date of separation as an end date for determining property division.

My wife and I shared a checking account and after we separated (she established the date of separation as 07/30/2011) she has spent/withdrawn over $24,000 from the account compared to me at $4,000. Do I have any legal claim to this difference? My wife's lawyer provided information to my lawyer regarding this account buy\t only mentioned the funds that I withdrew or spent. I have bank statements detailing these transactions and they are traced by our debit card numbers. I've highlighted all the transactions made by my wife and sent it to my lawyer. Will I be able to recover this is any form, either payment or credit in the property settlement? 

Also, my wife is being stubborn with my property that exists at our marital residence. She claims that everything that I can take has been moved into the basement so I won't need to come upstairs of the house to move out. But how can I be sure that all of my things have been made available? She says that anything left behind will be disposed of and I haven't lived there for several months so it was virtually impossible to compile a complete list of my things. Can they really prevent me from surveying the rest of the house for my property? 

THanks!


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## ProfJ (Jul 28, 2011)

I'm so sorry...I am in the same predicament as you are. My stbxh sold some of the stuff that we bought together while I was still living in the house. We've been separated for almost a year now, and I don't know as well if I can recover any of it.


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## EleGirl (Dec 3, 2011)

ReadyToChange said:


> ...after date of separation. There is no legal separation in PA, but they use the date of separation as an end date for determining property division.
> 
> My wife and I shared a checking account and after we separated (she established the date of separation as 07/30/2011) she has spent/withdrawn over $24,000 from the account compared to me at $4,000. Do I have any legal claim to this difference? My wife's lawyer provided information to my lawyer regarding this account buy\t only mentioned the funds that I withdrew or spent. I have bank statements detailing these transactions and they are traced by our debit card numbers. I've highlighted all the transactions made by my wife and sent it to my lawyer. Will I be able to recover this is any form, either payment or credit in the property settlement?


Having the records might help you recover your part of the monies that she took. I hope you are not using joint accounts any more. You do have your own account now, right?
Let’s see, you took $4k. So your portion of the $20K is $10K. Is there a 10K asset, account, something that you can take?
Get your attorney to fight for your $10K


ReadyToChange said:


> ...Also, my wife is being stubborn with my property that exists at our marital residence. She claims that everything that I can take has been moved into the basement so I won't need to come upstairs of the house to move out. But how can I be sure that all of my things have been made available? She says that anything left behind will be disposed of and I haven't lived there for several months so it was virtually impossible to compile a complete list of my things. Can they really prevent me from surveying the rest of the house for my property?


NO she cannot prevent you from getting your things and going through the upstairs to make sure you have all your things. There are two ways to do this. One is to call the police and as for an escort while you go retrieve your things.. to include going up stairs. Or you can have your attorney get you some time in the house, without her, to get your things from the basement and from upstairs as well. The attorney can also write a letter saying that she will not throw anything away or she will need to pay you for it.

When you go to get your things, do not go alone. Make sure you take one or more witnesses with you.


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## ReadyToChange (Nov 6, 2011)

EleGirl said:


> Having the records might help you recover your part of the monies that she took. I hope you are not using joint accounts any more. You do have your own account now, right?
> Let’s see, you took $4k. So your portion of the $20K is $10K. Is there a 10K asset, account, something that you can take?
> Get your attorney to fight for your $10K
> 
> ...


Yes, I have the bank statements for the entire period that we continued using a joint account. We do now have separate accounts. What is best action for presenting this to my wife's attorney? Her attorney seems to like omitting information that isn't favorable for my wife. He failed to mention any of the withdrawals that my wife made but only points out when I withdrew money. I only did this after I realized how much my wife was spending/withdrawing. Can fight for this $10k credit when splitting up the home equity?

My wife's attorney says that all of my property has been moved into the basement so there should be no reason to be upstairs in the home. This is just ridiculous. We have joint property so how can I be sure it's still there. Is this just some tactic to piss me off? My wife isn't allowing me to take my Plasma Television that she bought me as a christmas gift before we married. And now she's saying I can't take it. My argument is well, give me back the engagement ring since I bought that as a gift for her. I know it seems petty but she has the convenience of staying in the home and enjoying all of our joint property.

My wife probably won't even be there since the last time I went to get clothing she had her dad there. I didn't go alone that time and she thought I was unnecessary that I brought someone with me as a witness. I plan on having my sister and a few friends there to help. Will it cost money to ask the police to be present? What happens if I try to recover items that are mine but couldn't possibly list every item that is mine in the letter to the attorney?


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## Shaggy (Jul 17, 2011)

Your wife's attorney does not represent you. They represent her, and short of committing a crime will do anything needed to get her the best deal.

Do not be taking advice from them. Talk to only your lawyer for advice.
_Posted via Mobile Device_


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