? about joint assets/checking acct

iVillage Member
Registered: 06-17-2004
? about joint assets/checking acct
3
Thu, 11-03-2005 - 8:26am

STBX and I had a joint checking account. When we separated I went and opened my own account at another bank. I went to take my name off of the joint account, but I had to have him with me to sign some papers. Well, I tried, tried, TRIED to get it taken care of, but, he's a procrastinator and wouldn't get it taken care of. So, I just dropped the issue and used my own account, threw out my checks and ATM card from the joint account. Fast forward about 7 months and he decides that for some reason I was responsible for paying HIS credit card bill. Obviously, I had not been doing this for the 7 months (why the heck should I???! It's HIS card and he has more than enough money while I can barely feed the kids!). So, he shorts me over $200 in child support that month. As it is I cannot make ends meet and with this added I was about the get the electricity turned off. I called my atty (I had just gotten one at this point) and asked if I could get money out of that acct for the bills. She said if my name is on it, take it all. So, I took most of it to get caught up on bills, get winter clothes for the boys and get the baby a crib (he was sleeping in a carseat b/c he was too big for the bassinet). As it turns out, part of that money was a gift from his grandparents (they gave us $1000 every year-they don't know we're separated yet). The check was made out only to him. So, he told me that his attny said that since it was a gift to him that I have to give it back. However, he put it into the account that STILL had my name on it. So, my question is, if it was meant for just him (doubtful anyway, they give us that money for the kids) but he put it into our joint account is it still considered just his money???


BTW: When I dropped the thing about taking me off of the account I told him he needed to close it and if he didn't don't be surprised if I take money out if I need it. TIA!

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iVillage Member
Registered: 03-26-2003
Thu, 11-03-2005 - 3:25pm

In some States, what he did would be considered co-mingling funds. Making it marital property (if you are still married, you are, right?).

However, if you two are still married, all this argument is premature, IMO. When the final marital settlement is negotiated, you two will put down all these little things like separate gifts -- make a full ledger of everything --- and only then will you two know which one of you "owes" the other. At this point, every dollar you can get "in the hand" is a plus. 'Cause you know what you will do if it does turn out you owe him money. But you cannot count on HIM paying YOU back, if he owes you. And while you have the kids, he will always owe you.

Later on it may turn out you owe him $1000 for the final settlement, but he owes you $2000... so you won't ever end up actually paying him back for that withdrawal. JMO.

When he asks for the bucks, just say, "Jot it on the ledger for the Marital Settlement. Gotta go, your children need me."

iVillage Member
Registered: 03-19-2003
Thu, 11-03-2005 - 3:37pm
I agree with rosemile!

Karen ~ wildlucky4me ~

iVillage Member
Registered: 03-15-2004
Thu, 11-03-2005 - 10:58pm

Yep - once that money went into the JOINT account, it was co-mingled & becomes a marital asset. In most states i beleive. I screwed that up in my divorce. I took 40K of my moms inheritance she left me & used it in the house & for marital debt, stuff liek that. I dont EXPECT it all back, but there was 11K that ABSOLUTELY went into building the equity of the house (painted it, new driveway, landcaping, french drain) & in MY opinion, that 11K should absolutely come OFF the amount of equity we are splitting .... of course HE & HIS atty dont want to agree to that.

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