Legal Question in Family Law in Illinois

Me and my husband seperated a weekago we are not divorced just living in different houses but we still have our joint checking accnt. my question is do i still have the right to take money out of our joint checking? his check is direct deposited in it and our taxes will be deposited soon and I was wanting to make sure I wasnt breaking any laws by taking money out of our joint checking account.


Asked on 4/20/11, 3:26 pm

1 Answer from Attorneys

Technically as a joint account either of you could drain it to zero at any time, but there's an old saying --- every good push deserves a shove. So it may depend on the "non"-agreement you have with your spouse about how to handle finances. I say non-agreement because there is nothing in writing to show what the two of you intended. And the likelihood of entering into such an agreement seems pretty slim. So if you do something he doesn't expect, but are reasonable, he could understand and be reasonable, or become unreasonable. If you do something unreasonable, he could react the same.... Ultimately it's up to the bank to honor or not honor a check or withdrawal slip you write, since it's a joint account. And are you sure the tax refund will be going to that account? Maybe he set up a separate account? Time to get yourself a lawyer and plan for what sounds like the inevitable -- a dissolution of marriage action, or at the very least for separate maintenance if you rely on those funds to support you. If you do and you wait too long, you will be in a potentially bad place.

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Answered on 4/20/11, 8:08 pm


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