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I'm married, and my husband has the bank account in his name, can I take the card to the ATM and get money out?

Marinette, WI |

I have been marrierd for 3 years. Been together for 9 years. We have 3 kids, and are going to get a divorce. My husband works full time, while I'm a stay at home mother. He has the bank accounts in his name only, due to my credit. He gives me no money for the kids needs. I started watching a little boy in my home for some money for me and our children. What are my rights as a married woman right now? Can I take the bank card and take money out for the kids, or is that stealing?

Attorney Answers 1


Income earned by either spouse during the marriage is considered marital property, and you have a shared property interest in that money, regardless of whose name is on the account.

That doesn't mean that you should start by raiding the account, though. I'd start by asking your husband for money. If he refuses then hopefully you have an attorney who can explain to your husband (or his attorney) that you are entitled to your share of that marital property. that should come out in the property settlement, or if you need money for day-to-day needs, you should be able to get a stipulation between your attorney and your husband's attorney to access some of those funds and account for that money in the property settlement.

Bottom line : you have an interest in those accounts, but should NOT raid those accounts without husband's permission. Get an attorney to represent you in the divorce if you don't have one, and if husband won't help you with some operating cash then get your attorney involved.

1. This reply is for educational purposes only and is not legal advice.
2. No attorney-client relationship has been created by this reply.
3. If you need legal advice, consult a licensed attorney in your
state to make sure you understand both your state and
federal laws concerning your issue. Your attorney will need
specific and complete facts to provide you with legal advice.

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