Is it illegal to take money out of my husbands accountif we are filing for an annulment?

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Is it illegal to take money out of my husbands accountif we are filing for an annulment?

My husband is in the military and he has been receiving pay for the past 2 months because we are married and for my housing. He has not given me any of this money. I paid half the bills one of the months stayed in hotels to visit him twice. Am I legally allowed to get this money that was supposed to go to me for housing minus one months bills and adding the 2 times I stayed in a hotel visiting because he should have used the housing money to set me up in that?

Asked on November 8, 2010 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

Generally speaking, if you have not filed for the annulment as of yet all the funds both he and you receive during the marriage is marital property.  And in Texas it is what is known as Community Property.  However, spouses can not "dissipate" or squander away marital assets, and sometimes this is a fine line that people walk when the end of their marriage is so close at hand.  I would speak with an attorney in your area to discuss all the issues that will be coming up over the next few months while you and your husband are finalizing the end of your marriage. It will put your mind at ease to know "what comes next."  Good luck.


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