Wife Going After Me for Money I Withdrew Before Our Separation Date

[DavidM75]

I just don't see the issue. There is a legitimate reason for every dollar spent. It's not like it was money squandered at some casino. I left her the house to live with no mortgage while I moved out to an apartment with expenses. I am good at saving money and I think I can at least use some of it to initially set up my place to live while all of this gets settled. And as mentioned before, she was also withdrawing funds for her own personal use before and after the separation date. That should not be overlooked.

[Dogmatique]

Read Aaron's responses again.

[4320MANAGER]

Where in California are you? I am a forensic accounting expert in CA that provides litigation support to family law attorneys. This is a common financial dispute.

First, I agree that you should consult with your attorney. You and your attorney may want to think through the following regarding the withdrawals that both you and Wife took in order to fully understand the reimbursements that may be due to each of you.

Were the funds taken before DOS? --based on your posts the likely answer is YES

Were the funds taken from a community account? --based on your posts the likely answer is YES

Were the funds taken separate property? --based on your posts the likely answer is NO

***At this point a YES-YES-NO is acknowledging that you (or both of you) have taken community funds

Do the funds that were taken still exist or were they consumed?

If the funds still exist then the character of the funds should remain the same (community) and the withdrawals are really no different than a transfer between accounts. If the funds still exist then this issue should be simple to sort out.

If the funds were consumed then the real (and more difficult) question is how were they spent? Were they community dollars spent on community expenses/liabilities or were community dollars spent on separate expenses?

The reimbursements due to each party will depend on how the funds were ultimately used.

I think that once this issue is fully thought through that an equitable resolution can be reached. Get all of your bank documents together and talk to your attorney.