Marital assets

About the account situation, I can’t just close the account because he still has his check direct deposited to this account and he will not close it even though he has another checking account. I wonder will it do to just have my name taken off this joint account? Another thing, how can I get the ball rolling with this allotment. He has set up one before and it did not take this long and unfortunately, he needed my account number to give to his job so that the money goes directly to my account and not his paycheck. I was afraid that he has not set this up but he keeps telling me he is looking into it. I did however find out that the only thing he can do is transfer the money to my account, He can’t do anything else because his name is not on it. I still don’t like it. I am going to switch banks anyway. When I do switch banks how can I make it easier to get this money without having to give him too much of my information.

I’m not sure how you would go about this. You could talk to the bank about taking your name off the account. Ask them if they can give you a contact where the draft is being sent from (if/when it starts) and contact them directly. You could probably contact them now since it is a joint account…I would think his paycheck and the draft for CS would come from the same place. You could try that and see if you can talk with them directly about the draft being set up. I see I typed this all backwards [;)] Contact the bank about the draft or direct deposit, see if you can find a contact that it’s being sent from, and contact them directly about it. If you do get in touch with them find out what information is necessary and can they get this from you instead of from him. THEN contact the bank about getting your name off the account. If he refuses to close the account or change it you may want to remind him that you will have constant access to his money…

quote:
[i]Originally posted by stepmother[/i] [br] If he refuses to close the account or change it you may want to remind him that you will have constant access to his money....
Not difficult to see why lfa/daddysgirl might not want the account closed, then.[:D]

You cannot take your name off of a joint account. The account will have to be closed and another re-opened. Been there, done that.

WELL, I’M ALMOST IN THE SAME BOAT AND I NEED SOME ADVICE TOO. MY HUSBAND AND I HAVE BEEN MARRIED FOR 3 1/2 YEARS, IT WILL BE 4 IN APRIL. HE HAS BEEN THE SOLE PROVIDER FOR EVERYTHING. HE HAS RECENTLY TOLD ME THAT HE WANTS A DIVORCE. HE DOESN’T WANT TO DO COUNSELING HE JUST DOESN’T THINK THINGS WILL GET BETTER AND IT’S SMALL SIMPLE THINGS. SO HE SAID “WE’RE GETTING A DIVORCE AND WE’RE NOT MARRIED ANYMORE.” WE HAVEN’T FILED FOR DIVORCE OR SEPERATION OR ANYTHING BESIDES HIM SAYING IT. HE SAID HE’S GOING TO WAIT UNTIL HE GETS BACK FROM IRAQ IN JAN 2008 SO I CAN FIND A PLACE FOR ME AND THE KIDS TO STAY BACK HOME. HE’S LEAVING IN FEB AND WILL START RECIEVING PAY IN MAY AND A REENLISTMENT BONUS IN OCTOBER. HE SAYS IT WILL BE HIS MONEY AND NOT OUR MONEY EVEN THOUGH WE’LL STILL BE MARRIED. HE’S HAVING IT SENT TO HIS SAVINGS ACCOUNT THAT I’M NOT ON.DOES ANYONE THINK I SHOULD BE ENTITLED TO ANYTHING?

quote:
[i]Originally posted by NAVY03WIFE[/i] [br]DOES ANYONE THINK I SHOULD BE ENTITLED TO ANYTHING?

There’s that ugly “entitled” word again…

p.s. Typing in ALL CAPS is considered YELLING.

Dear NAVY03WIFE:

You may have rights to alimony, but if you are living separate and apart now and he has told you that he wants to separate - then you are legally separated in NC. Go and speak with an attorney about support and I would start working on employment - since the alimony on a 3-4 year marriage may not be that significant. Thank you and good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Why does separation and divorce cost so much?

Because it’s worth it!

If you are not a nasty, mean and evil person, don’t do nasty, mean and evil things to your spouse, but don’t let yourself be steamrolled. Don’t try to rationalize mean and evil behavior. If your behavior is mean and evil to your spouse, you are being a mean and evil person.

Is that really who you are?

Is that really what you want to do?

You’re better than that!

Could anyone tell me the law regarding distribution of marital assets? I ask because my husband and I have been separated for the past 9 months and this past summer he received a lump sum of money that went into our joint checking account, yes I am still on this account. Well a day later he went and withdrew the money from the account and has put it in another account at a different bank. He doesn’t know that I know about it either. I would like to know if I am legally entitled to half of it since we are still married? Also he has requested that his name be taken off of our house which I want to do, but I am afraid that if I ask for half of this money in the divorce settlement, he may try to retalliate by asking that I sell the house. If I have his name taken off before the divorce is granted, will I stand to lose my house?