Does my husband have the right to take money out of our joint account? 3 Answers as of August 02, 2011

My husband recently transferred a large sum of money from our joint account into his own personal account. A large part of that amount was acquired by myself before marriage, does he have the right to move or "hide" the money even though I acquired most of it on my own?

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Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
No, your husband can not hide money from you. He is entitled to remove 1/2 of the community funds in your bank account on separation. He will need to disclose where those funds are. Your rights will be protected as you will be entitled to reimbursements of 1/2 of the community property and all of your separate property (which would be the money you had prior to your marriage).
Answer Applies to: California
Replied: 8/2/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
As long as you can trace the funds back to a separate property source, you will likely recover the money.
Answer Applies to: California
Replied: 8/2/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
While you are married it is often a good idea to keep your separate property in different accounts than community property. If you "commingle" funds then it is likely that those funds will be viewed as community property if you divorce. I would insist that he return those funds to you so you can keep them as your separate property.
Answer Applies to: California
Replied: 8/2/2011
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