Saturday, October 24, 2009

3 Questions. Ca. Divorce?

1. As of the day the divorce was filed, are we still responsible for each others debts?
2. If I have access to my spouses accounts, can I withdraw funds?
3.If we both still have a joint account, can I transfer funds from a account she put in her name only, to our joint account?
Answer:
1. Usually in divorces, you are jointly responsible for all debts incurred up to the day of filing, but are held individually responsible for all debts incurred after that date.

2. If the accounts are in your name too, you can withdraw funds. If the accounts are not in your name, that would be a big no!

3. Absolutely not, see answer to #2.
In most cases, the party filing the petition for dissolution also obtains a financial restraining order the same day. If so, both parties are under a court order to preserve the marital estate (it means a spouse can't raid the joint cookie jar and spend or hide all the loot).
1. no
2. no
3. no

Unless you made arrangements to have it this way otherwise the answers are no.

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