If my husband left me the other day, is it legal for him to go and take everything just because he is upset?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my husband left me the other day, is it legal for him to go and take everything just because he is upset?

He took every penny we had and left. I have been at home with his 2 kids raising them, so I was not working. When he left I asked him to split our money. And he said it was all his money because he was the one working.

Asked on September 27, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, he can drain the bank account as long as his name is on the account and there is not a court order that says he cannot.  However, he is incorrect in saying that it is his money alone because he was the one working.  Any wages earned during the marriage are considered community property in Texas, as such you have just as much right and access to the funds.  If he hasn't scooped everything from savings/checking/ or the piggy bank-- then get together what you can and use it open up a checking account in your name only to restrict his access.

If he has already scooped everything out of the accounts, then you do what you can with what you have left.  If you have anything worth pawning, it is within your right to raise the funds you need to care for you and the children.  You also need to get with a legal aid organization to get a divorce going and file a motion for temporary orders.  Depending on your history you may qualify for marital support in addition to child support.  You can also ask the court to order him to return part of the funds that he took off with.  The district clerk in each county usually knows how to get in touch with the legal aid group for that area.  If you have any funds available, you may want to consider hiring an attorney-- if you can to get things moving just a bit quicker than the legal aid organization.  Many family law attorney's now accept payment plans which makes retaining an attorney easier than it used to be to hire an attorney.

It's hard to think divorce when you have no money and 2 kids to take care of.  Your third step should be contacting as many non-profit organizations or churches as possible to help you get back on your feet.  You can also contact the kids schools to see if they qualify for free or reduced lunches.  There are also several websites that actually specialize on living and entertaining kids on a reduced budget, like mommysavers.com.  When you visit with the legal aid group, they may also have a list of local organizations that can help with groceries, utilities, and rent.  It won't be easy, but the important thing is to keep focused on what's right for you and kids.  The rest will eventually work itself out. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption