# STBXH taking out loans AFTER I filed



## brokenbythis (Aug 21, 2011)

Ok.. I filed this past Tuesday. He knew and he was served on Saturday. Wednesday he took a large loan AGAINST our private 457 account. After I told him he couldn;t and I didn't want him to.

The legal sep. paperwork states there is a restraining order against him doing this.

Where do I stand now? I am jointly liable to pay back that loan HE TOOK after he knew I had filed.


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## that_girl (Jul 6, 2011)

I know that in CA, it's illegal for a spouse to do this.

Write it in the divorce that you want that money back? Talk to a lawyer? i dunno.


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## brokenbythis (Aug 21, 2011)

Yes we are in California.

So what can I do about this? What are the penalties?


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## that_girl (Jul 6, 2011)

I am not sure. I would think talking to a lawyer would be very beneficial.

What did he say about it?


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## brokenbythis (Aug 21, 2011)

He sent me an email last night saying he had taken this loan and transferred half of the proceeds into my bank account. I called him and asked him why did you do this after I made it clear no more loans? He said because I needed the money. I said I do not want to be responsbile for paying this back AND there was a restraining order against doing this.

He went into a tirade yelling he's not going to do what anyone else wants him to do anymore, yada, yada...

I ended the call with this: "I am trying very, very hard to try to have some sort of relationship with you, the father of my child. You are killing any chance of that with every bad decision after bad decision you make".


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## Freak On a Leash (Feb 19, 2010)

Can you go to court about this? Do you have a lawyer? This seems like something he shouldn't be able to do.


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## that_girl (Jul 6, 2011)

I suggest giving back the money to the account....maybe talking to the company and telling them what happened.

Then cut him off your bank account. He should have NO ACCESS at all. Take his name off NOW.

Anything you have joint, cut now.

I am so happy I didn't merge crap with my husband. Lord knows he'd pull some of this shet. 

Sorry you are dealing with this frustration. Omg. It's infuriating to me when someone pulls stupid shet like this.


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## brokenbythis (Aug 21, 2011)

No I don't have a lawyer I can't even begin to afford one. And neither can he.

No he SHOULD NOT have done this, those assets were frozen by the court when I filed. Unfortunately its just like a restraining order for someone to stay away. The court can't hold his hand or lock him up they can only tell him in a legal document he can';t do this and that. He can still do it...

I don't know what to do. I guess I can just tell the judge at hearing time he knew about this restraining order and he went ahead and took money anyway. I do not want to be responsbile for paying half of it back. And ask the judge to have that put in the final judgement.


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## brokenbythis (Aug 21, 2011)

that_girl said:


> I suggest giving back the money to the account....maybe talking to the company and telling them what happened.
> 
> Then cut him off your bank account. He should have NO ACCESS at all. Take his name off NOW.
> 
> ...


Hell I got my own bank account a year ago when he started to go off the rails. Its not a joint account he just transfers money into it for daycare etc. He can do that but he cant see whats in it, or withdraw from it. We have separate bank accounts, credit cards. The only joint things we still have are 2 car loans and a tax bill. In the legal sep. I asked for me to keep my car and be fully responsible for paying it and him to keep his car and pay it.


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## that_girl (Jul 6, 2011)

Yes. Ask the judge.

And do call the company and ask to put your half back. Maybe they will understand.

Then just keep all documents/paperwork about this situation so you have proof of filing date and date of loan....and date you paid your half back.


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## that_girl (Jul 6, 2011)

Because this will not only be a bill to pay back BUT it will probably eff up your taxes.

When my STBX got fired from a job right before we separated the 1st time, he took his 401K and didn't tell me. Didn't pay the taxes either.

Yea. SUCKED ASS when tax season came around Omg.


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## Pluto2 (Aug 17, 2011)

Sounds like he is in contempt of court, you can file a motion with the court (don't need an attorney). You will likely have to put the money back and any tax liabilities can be stuck on him via court order.
And he's a jerk.


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## I'mInLoveWithMyHubby (Nov 7, 2011)

My ex h took out CC's in my name and maxed them out before our divorce was final. It was after the papers were written up and signed, so I had NO clue he did this until a year later when I kept getting call after call with the collection agencies. He claimed identity theft 19 years ago. There were a few other things that he got away with as well, including child support. There was a few thousand dollars he didn't have to pay. Talk about fraud. Karma will get him if it hasn't already. 

My credit is fully restored, but it took a while after our divorce.


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## tom67 (Oct 2, 2012)

File a motion asap so you can get a hearing before a judge jmo.


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## Left With 4.5 (Aug 4, 2012)

Make sure you have proof other than his email that he took the money out. He is in contempt of court. I don't know what you can do other than filing something to let the court know what he did was illegal.


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## vi_bride04 (Mar 28, 2012)

You need to bring this to the courts attention asap. You don't need a lawyer, just file a motion. Seriously, this could possibly hurt you financially in the future especially if you have to pay it back. I mean he took it out then put it in YOUR bank account. That will not look good for you. 

Please contact the court today if you haven't already.


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