Legal Question in Family Law in California
100% depend on him finacially
He has a checking account w/ his works credit union, I am not on the account.He gives me what monies he crares too & when.He had me added on one of his credit cards, but I dont have the card on my person and he uses it mostly. Am I responsible for 1/2 the balance of the purchases on this credit card? because I am his wife? and because he added me w/ an additional card?AND I found some blank checks from the same credit union checking account thatI once was on the account, it has both our names and is the smae account #'s will i get in trouble if i use a check w/ both our names printed on them, and I sign it since my name is on the check. ONly difference todays checks has only his name and our new home address. He has left us/kids and said i wont get any $ from him he is our only source of income so I may have to make one of these checks out to myself and deposit itinto my own checking account is this legal? thanks
4 Answers from Attorneys
Re: 100% depend on him finacially
If you write a check on a checking account that has been closed you could be arrested. If the checks you have are for the existing checking acocunt you can write a check and cash it as the money it community property.
He may be very upset if you take money from the checking account. If he has been violent in the past you should get a domestic violence temporary restraining order and then take the money just before serving him with the restraining order. \
Either consult an attorney or a legal clinic sponsored by the court or a law school, not just a paralegal you find out of the yellow pages.
Re: 100% depend on him finacially
You should get an emergency order for spousal support and restraining order if he has been violent. You may take any money from his bank accounts necessary for your survival, but do not forge his name.
Re: 100% depend on him finacially
The money that was earned prior to separation is community property and therefore you have access to that money. I sounds like you better go get an attorney who can protect you because it is obvious that your husband does not intend to be fair with you. Good Luck, Pat McCrary
Re: 100% depend on him finacially
Money earned/assetts acquired and debts accumulated prior to separation/divorce are community and you have right to those assetts. I would recommend you call asap and speak with an attorney to assist. Don Holben 800-685-6950
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