What can I do if my husband took me off the bank account?

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What can I do if my husband took me off the bank account?

My marriage is in trouble and my husband has taken the money out of our joint account and opened one in his name where his paychecks are now going. I am a full-time mom. I know this is illegal. We live in a community property state. What can I do?

Asked on November 23, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to seek legal help as soon a you can.  You may have to make a choice here about starting a legal action against him - like a separation or divorce - to establish support both for you and for the kids if he will not give you access to money voluntarily.  With an order you can garnish his pay so that the money come s to you directly.  I know that you think this will push the marriage over the edge of the cliff but I really think that it has already taken a tumble in his eyes and that you need to protect yourself and the children at this point in time.  You are correct that California is a community property state and community assets are split 50/50.  Good luck to you.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to seek legal help as soon a you can.  You may have to make a choice here about starting a legal action against him - like a separation or divorce - to establish support both for you and for the kids if he will not give you access to money voluntarily.  With an order you can garnish his pay so that the money come s to you directly.  I know that you think this will push the marriage over the edge of the cliff but I really think that it has already taken a tumble in his eyes and that you need to protect yourself and the children at this point in time.  You are correct that California is a community property state and community assets are split 50/50.  Good luck to you.


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