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What are Your Rights to Money in an Account Omitted from a Divorce Judgment

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  • 09-22-2017, 05:20 AM
    Jt512
    What are Your Rights to Money in an Account Omitted from a Divorce Judgment
    My question involves a marriage in the state of: Illinois

    The joint savings account was left off the divorce decree completely. It's not under either spouses assets. The checking acct is under my ex's assets. He also transferred the large sum of divorce payout money I gave him which was deposited in his checking that he moved to the savings. If I'm still on the joint savings account, can I legally close the account or withdraw funds? What chance does he have to claim a scriveners error if I do withdraw funds?
  • 09-22-2017, 05:51 AM
    jumanji
    Re: Can I Withdraw Money Post Divorce if I'm Still a Joint Owner on the Account
    What are you planning to withdraw? The payout you gave him (or a portion of)? Or prior "joint" funds?
  • 09-22-2017, 06:04 AM
    Jt512
    Re: Can I Withdraw Money Post Divorce if I'm Still a Joint Owner on the Account
    As much as I legally could without recourse. 75% is from the payout, 25% from before legal divorce was final.
  • 09-22-2017, 06:24 AM
    budwad
    Re: Can I Withdraw Money Post Divorce if I'm Still a Joint Owner on the Account
    If the payout was part of the divorce settlement, you can't touch that because to do so will be contrary to the settlement. The 25% (not part of the settlement) belongs to both of you so as joint owner you could withdraw that money. But you take your chances whether or not he will come after you depending on where that 25% came from.

    The money in a joint account can legally be withdrawn by either owner.
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