Legal Question in Family Law in California

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?


Asked on 8/01/11, 11:27 am

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

No he does not. He has a fiduciary duty (as do you) to deal honestly with each other concerning the property you own together or separately. If the relationship has deteriorated to this degree ,I urge yu to immediately consult with a skilled family law attorney on commencing a divorce or legal separation and a motion to request the funds return and an accouinting of any of the funds your husband may have spent.

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Answered on 8/01/11, 11:37 am

I agree with Ms. Kock that this behavior indicates a serious breakdown of the marriage. I disagree that transferring the money was illegal. You made a serious mistake putting a large sum of pre-marriage money into a joint account. By comingling the money you set yourself up for a claim that your money became community property, or that your money was spent and the money in the account is now community property. In any case, however, the source of the money isn't really relevant to whether it was legal to make the transfer. As long as it is disclosed to you and ultimately accounted for, it is not illegal. As for whether you call a divorce lawyer or a marriage counselor, I think that is for you to say, not Ms. Kock or any lawyer. Although you may want to consult with a good family law attorney to arm yourself with some knowledge that you (and most people) lack about how to properly maintain and account for pre-marriage and marital assets.

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Answered on 8/01/11, 11:48 am


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