I am 100% controlled financially by my husband. He has never allowed me access to any of our money. We have been married 3 years & we have 2 children. He tells me all the time that it's not my money. We have 401k and IRA that he had for years before we married but that have had significant money, post marriage, funding them. He has recently taken loans and early withdrawal against them behind my back and for purposes that do not included the children & I; to buy a mobilehome to "escape from us". He lives a private life within our marriage with a private cell phone, private po box and sole access to any of our accounts and finances. He discusses nothing with me. He says it's none of my business. Contrary to CA Family Code, he has definately advantaged himself over me. He made $140k last yea
I think you may wishtoreconsider your position on divorce given what's going on in this situation. However, I respect that you might not want to go down that path at this time.
Short of a divorce, you could petition the courts for an injunction to get you access to the financial accounts. The exception would be if there is a pre or post nuptial agreement which affects the character of the property in the marriage.
However, if you start litigation against your husband, this could do irreparable harm to your marriage. I think it would be best, before you go the litigation route, Tory to get him to be reasonable and open the books and give you access to the accounts.
If he does not, I think you should contact an attorney who practices family law.
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Your husband owes you a fiduciary duty and from your facts he is not living up to that duty. I think no matter what you do it is going to cause a problem between the two of you. Before jumping into court can you try talking to him about the situation. You really don't state you want a divorce/separation which is one solution. If not having access to the accounts is causing you irreparable harm you could try an injunction, as my colleague stated, to be allowed to have access to the accounts.
You need to take a close look at your situation and decide which way you want to go. Best of luck to you.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
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