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  1. #1
    Join Date
    Jun 2012
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    6

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

    Just found out my wife wants me to pay her half of the 85k I withdrew over a period of 6 months from our joint account. She also withdrew funds close to 13k over this period of time but I am not holding her accountable. In addition, this was all prior to our date of separation which was still community funds. She was fully aware of my activity. Not sure if this is applicable to all states but I am in California. The judge already decided on a date of separation. I haven't touched anything after this date of separation, while she has. Am I liable to pay her half of the 85k?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    All things being logical, no - you shouldn't be.

    But, judges have been known to rule against the grain (though within the legal parameters).

    With the amount of money involved, if I were you I'd be consulting a local attorney - it will be worth the couple of hundred bucks for peace of mind, and worth even more if it enables you to mount a defense to combat her demands.

  3. #3
    Join Date
    Jun 2012
    Posts
    6

    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    I do have an attorney but he is out on a short vacation. The assistant at his office faxed me the motion. I am unable to communicate with him until Thursday. He's done a good job with my case so far but now I'm a bit worried about this new circumstance. I try to educate myself this entire process by reading up on the law and from my understanding I am not liable. But if they are serving me with this then they must know something I don't?

    Thank you for your response.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    Not necessarily, at all. It's a very common ploy to ask for the universe and settle for the moon.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    Quote Quoting Dogmatique
    View Post
    All things being logical, no - you shouldn't be.
    If you pull $85,000 out of joint savings in order to keep your spouse from getting her fair share of the marital estate, the court should include that money when determining an equitable split. If under that scenario you believe your ex- pulled out $13,000 for the same reason but choose not to raise the issue, that doesn't stop your spouse from raising the issue of the money you took. The argument, "She improperly took $13,000 so I shouldn't have to give her any of the $85,000 I improperly took" doesn't add up.

    If the money was taken in either case for some other reason, that reason may play into whether or not the money should be included in the marital estate, but we don't have the operative facts. We don't even know that it was spent.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    Even though it was during a 6 month period prior to separation and the spouse was fully aware of the transactions?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    For all I know the money was simply moved from a joint account to a sole account. We simply don't have the relevant facts.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
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    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    Okay, that's fair enough

  9. #9
    Join Date
    Jun 2012
    Posts
    6

    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    I didn't pull it all at once. It was in portions over a 6 month span that added up to 85k however it was before the separation date. That year I did extremely well in my job and I knew I was going to pay a lot of taxes. About 40% went towards the taxes for that year. Some of it went towards attorney fees for initial representation, some of it went for an apartment, leisure, and I still have some saved up. I know it's considered community property but I just get a bit ticked off that she is entitled to my hard earned money. And I know that's not what attorneys or judges want to hear but this is the main reason imo why people do these things when a relationship ends. Plus I didn't want her to pull a fast one on me so I can be left with a large tax debt that is incurring interest and penalties even under an installment plan.

    There is still money left in the joint account and I was tempted to take it all out but I did take the majority. Also it was a checking acct, not a savings(as someone mentioned) not sure if it matters or not. And as I mentioned before she was aware of these withdrawals since the bank statements were going to her house. She has full access to these accounts at any time(retail store, online accts, etc.) I'm just wondering why it's an issue now that our separation date has been established. She could have been proactive and raised concerns early on when I was pulling money.

    Edit; Hopefully that answers some of the questions. lol.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Wife Going After Me for 85k I Withdrew Before Our Separation Date

    In that case, you need an attorney - as in NEED. You did not provide these details in your initial post, and my response was premature - you need to disregard it.

    You have basically just admitted to deliberately screwing your ex because "you" didn't "feel" that she should have any of your hard earned money.

    You don't want the next one to be entitled to anything? Either don't get married, or repeat this to yourself over and over and over: "pre nup".

    In the meantime, get thee to an attorney. Tomorrow morning. First thing.

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