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Can I sell personal items to help pay for getting a divorce?

October 3, 2017

A joint account is one that is registered with two or more parties. The account can be of the form of a transaction or savings account. You may open a joint account if you want to achieve a common goal that may include buying family property or planning a vacation as a married couple. It is wise to seek advice from family attorneys before taking any other action if you decide to divorce for one reason or another. Withdrawals from the joint account can only be made before the filing of the divorce papers by either of the two. There are legal measures that restrict such transactions after the couple has presented their case to a judge.

Different matrimonial lawyers will give different advice according to your current situation. This is only possible after you give them relevant details. This may avert more complications in future during the court proceedings. Either party can withdraw an amount of their choice before the filing of divorce papers without worrying about the repercussions that this action can cause. Proper records of the transactions on the joint account are necessary to justify your case during the divorce hearings. Some restrictions are provoked if the divorce papers have already been filed. This court controls the amount that you can withdraw in order to protect you from being caught on the wrong side of the law. A court order should be sought if you are in dire need of money at this time.

This is debatable because some lawyers think otherwise to this line of thought. Prior withdrawal of funds may make the husband feel played. This is because it may seem that you had planned to withdraw money from the joint account before filing for a divorce. It is advisable not to withdraw the cash if it seems to provoke the divorce proceedings. You should withdraw from the account if it is a case where the divorce is imminent due to well laid out complains. It would be wise to indicate if the amount is for daily bills or if it is for meeting the cost of your court representatives.

The best advice involves getting into a settlement with your spouse with the aim of closing your account and sharing the amount in the account. You can go ahead and take half the amount if this is ruled out because of communication difficulties with your spouse. This is advisable because it is the amount that you will be entitled to in a normal situation after the divorce. You should file a court order if you need more money to meet your expenses.

Your spouse may have additional funds in their sole account. Divorce attorneys advise that you should not take more than half the amount even in this case. This usually leads to a money grab situation on the husband’s part and makes the breakup more complex. Caution should be taken in a situation where the husband cheekily cleans out the account. This may be done in a tactical effort to dry you out so that you are not be able to pay for legal services. You should not hesitate to withdraw from the joint account as a wise self-protective measure in this case.

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