Can I withdraw from our joint bank account if my husband has recently filed for divorce? 12 Answers as of May 02, 2014

My husband and I have a joint bank account and he recently filed for divorce. Is any of the money in the account mine, and can I withdraw any of it, to get a place to live and support myself until my paycheck?

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Diane l. Berger | Diane L. Berger
It would be my suggestion you withdraw one-half of the amount in the account.
Answer Applies to: Nebraska
Replied: 5/2/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You may only take half of it and then set up your own bank account.
Answer Applies to: Washington
Replied: 5/2/2014
Provda Law Firm
Provda Law Firm | Bruce Provda
The money in a joint bank account can be withdrawn by any person named on the account.
Answer Applies to: New York
Replied: 5/2/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Yes, but you at have to pay it back.
Answer Applies to: California
Replied: 5/2/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Unless there is a court order preventing the removal of the funds, you should be able to access community money in the normal course of business or for life's necessities.
Answer Applies to: California
Replied: 5/2/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    In Idaho, half of it is yours. There may be a preliminary order restricting the use of funds, but I think you are allowed to have enough to live on.
    Answer Applies to: Idaho
    Replied: 5/2/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    If the money is in a joint account it belongs to each of you equally no matter from whose pay check it came. You can withdraw whatever you want but I would make sure you keep a record of what you do with the money.
    Answer Applies to: Virginia
    Replied: 5/2/2014
    Kirby G. Moss PC | Kirby G. Moss
    Until a Court Order stating otherwise, yes you can. Just be able to account for what the money was used for if asked later.
    Answer Applies to: Indiana
    Replied: 5/2/2014
    D. R. Phillips Law Firm, LLC
    D. R. Phillips Law Firm, LLC | Randy Phillips
    Each court has its own rules but one rule that is good to follow is for each party to continue paying the bills they were responsible for prior to the filing of the divorce. Neither should move, hide, or dispose of assets of the marriage. Should there be a question then a Pendent Lite should be requested so the ground rules can be set that would be followed during the pendency of the case.
    Answer Applies to: Alabama
    Replied: 5/2/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    if it is a joint account, and no status quo order has been issued, you may be legally entitled to 1/2 the funds.
    Answer Applies to: Michigan
    Replied: 5/2/2014
    Law Office of Brent R. Chipman
    Law Office of Brent R. Chipman | Brent R. Chipman
    Either party to a joint account can withdraw any or all of the funds in the joint account, unless there is an order entered in the divorce proceeding that restricts access to such accounts.
    Answer Applies to: Utah
    Replied: 5/2/2014
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    I always recommend to clients when the process starts that they are entitled to take half of what is remaining in joint accounts. I also state if they take more than this be prepared to give it back. Be cautious of any auto bill pays that may be coming out to support the community.
    Answer Applies to: Nevada
    Replied: 5/2/2014
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