Legal Question in Family Law in California

My husband on 12-9-10 closed out our money market rate account and put it in another account under his name. What can I do? We have nt been getting along, He says he is going to sell our house

it also is in both names. we have been married app. 18 years, he is 68 i'm 66, just lost my job too.

Please help what can I do to get this money back so i can use some of it, for grocries. I have no money now.


Asked on 1/20/11, 12:06 pm

2 Answers from Attorneys

Betty Freeman Law Offices of Betty w. Freeman

Notify the service used for both the old and the new money market accounts that you are making a claim for at least a spousal share of his accounts. Request documentation of all the transactions you mention in your inquiry. Notify the human resources of your husband's work ASAP that you are making a claim to any retirement benefits. Don't know if you want to start divorce proceedings yet, but you could file for legal separation instead and request court orders for support in the immediate future while thinks shake out. Once separation or divorce petition

is filed and served, several automatic temporary restraining orders come into play to prevent his draining your joint assets.

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Answered on 1/25/11, 12:39 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

I agree with the earlier answer as well as invite you to meet ASAP with a qualified family law attorney that can review your situation and assist you on determining your best legal options. When you file for a Legal Separation or Divorce, there are automatic restraining orders that take effect on your spouse when your husband is served. Those orders prohibit hiding or disposing of assets.

When you file an action, you can also file a motion asking the court for spousal support so you can control your own finances.

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Answered on 1/27/11, 7:28 am


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