Question:
Is there any legal action that my soon-to-be ex-wife can take if I move money from our joint account to my personal account so I can secure an apartment for myself as I have moved out during the divorce proceedings?
Answer:
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
I am not licensed to practice law in your state, so I cannot give you specific advice about what the laws in your area are regarding this situation.
It sounds like you already have a divorce pending, and whether or not that is the case will determine the appropriate answer to this question. If you don’t, it is unlikely that she could sue you for taking money out of the account, unless your state has very special laws of that nature.
You taking money out for an apartment would be no different than you taking money out for any other reason, which you have a right to do as a joint account holder.
If you do have a divorce pending, she may be able to seek recourse through the divorce, but it depends on whether or not any orders of that nature have been issued. It may also depend on how much money you take.
I cannot advise you on any particular course of action without knowing what orders exist in your case and other more specific facts, but I believe it is possible for you to obtain an apartment separately during the divorce, as this is a common occurrence in divorces.
However, I would recommend that you consult with a local attorney about this to ensure that you are not violating any current orders or taking any action that would give your wife the ability to seek recourse against you.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Indianapolis divorce lawyer Kyli Willis, contact Cordell & Cordell.
