Wife and I own a business together; as part of the divorce settlement she keeps the house ad all other marital assets. She gets to keep the business, but has to pay me $50,000 in 45 days. This is all signed in a contract. So far she has breached the contract and refuse to pay me. The business is both of our; but she transfered the business bank accounts in her name alone. I have access to the bank account information...... can i legally transfer money form the account into my account, being that she has breached the contract ?
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice. I am not licensed in your jurisdiction.
Has the 45 days passed already? If the court order gave the business to your wife, you probably should not make any transactions on the business account. You say your court order entitles you to money and your ex-wife is refusing to pay you. You should go to the court and seek judicial remedies. You should immediately consult your own attorney to protect your legal rights.
Family Law Attorney
It does not sound like you should transfer the monies from the account into your account unless you go to court first to "enforce" the $50,000.00 payment order and get court permission to do so, or have your ex forced to pay you. If you transfer the money from the account into yours, since I assume there is no court order allowing you to do that, it may make things worse than they are now.
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
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