Is it illegal for a separated spouse to withdraw money out of the other spouse’s personal account?

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Is it illegal for a separated spouse to withdraw money out of the other spouse’s personal account?

My spouse and I are seperated. He is withdrawing money out of my personal account. Which I use me to pay the monthly bills that he left me with. Is that illegal and can I press charges?

Asked on July 15, 2010 under Family Law, Tennessee

Answers:

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

Answered 13 years ago | Contributor

Ok so is this a joint account is he listed as a signatory on the account?  He must be something to be able to legally withdraw the money.  Let me make a suggestion: close the account and open a new one as soon as you get the chance.  Then keep track of what he withdrew.  If you can press charges really depends on many things.  ou say that you are separated.  Is this a formal separation by written agreement or court ordered in some way?  Is this action a violation?  Then you can possibly press charges.  Will they do anything?  Maybe.  Maybe not.  Sometimes prosecutors see these matters as domestic issues to be resolved in the trial court who hears the dissolution.  Speak with your attorney on the matter and see if there is any way he or she can help you figure out the best course of action here.  Good luck.


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