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Divorce and Savings Account

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  • 11-17-2010, 07:18 PM
    tommyphan
    Divorce and Savings Account
    My question involves a marriage in the state of:ohio

    hi married 18 years have and my wife has been abusive toward me and an alcoholic.She hit me for the last time i called the police and she was arrested for domestic violence....additional charges were filed against her when she was taken to jail where her behavior was not good...throwing things at deputies etc.

    I filed for divorce....and 3 days later my wife filed for divorce.......i found where she disclosed a savings account with $10,000 that is only in her name.....that was pretty much our whole savings.I have always worked and she has babysat some.....not making much money......I always trusted her with our banking.....what an idiot ....I know.....I never agreed that my money would always go in checking and her money in savings.

    do I have any chance of getting half of that money.....???.....my a wife sure doesn't deserve it......thanks
  • 11-18-2010, 09:29 PM
    Mr. Knowitall
    Re: Divorce and Savings Account
    You can negotiate it during settlement negotiations and, should your case go to trial, ask the court to award you half.
  • 11-19-2010, 05:27 AM
    tommyphan
    Re: Divorce and Savings Account
    Quote:

    Quoting Mr. Knowitall
    View Post
    You can negotiate it during settlement negotiations and, should your case go to trial, ask the court to award you half.

    thanks.....but what if she is spending it through these divorce proceedings for court costs , atty. fees etc......and court fines??.......as I said.....she did disclose it on the divorce papers......so I guess i could still say that money was in there and she spent it.....so I could still use that $ figure to negotiate??......thanks again....
  • 11-19-2010, 05:53 PM
    tommyphan
    Re: Divorce and Savings Account
    Quote:

    Quoting legalaw
    View Post
    I always advise my clients to freeze all of the joint accounts. A person who is getting divorced should request that their bank should "freeze" their accounts in question and not allow monies in or out of these accounts without authorization by both parties.

    In your case, then a court will in most if not all cases will provide for reimbursement. However, it may prove to be impossible to actually collect any monies that were improperly taken from a joint account. It may take a person months or even years to try to collect the monies that were misappropriated from a joint account.

    thanks so much!!!!......hope it all works out.......again....thanks for your response
  • 11-25-2010, 01:48 AM
    Julie2
    Re: Divorce and Savings Account
    If she spends it you might be able to ask that since she spent your half that maybe you can be compensated from another bill or account. Such as, if she spent your 5k then maybe the credit card in the same amount should be her responsibility. Unfortunatly most times whoever clears the bank accounts first gets them because it is marital property.
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