Miami, FL asked in Banking, Consumer Law and Family Law for Florida

Q: I live in florida, currently married for five years. Can i still receive funds if we have a separate bank account?

My husband has just received a cash advance on behalf of a pending lawsuit. He didn't want me to have any of the money so he planned on taking his name off of our joint bank account and start him a new one. Instead I took myself off the account and started my own separate bank account. Am I entitled to receive some of that money, or can I withdraw funds from his account since we are still legally married if my name is no longer on the account? I have $20 in my account and he has thousands. Is there anything I can do? I live in florida.

1 Lawyer Answer

A: You didn't indicate the nature of the lawsuit and whether you are entitled to any of the proceeds. Assuming that you are not, no: you are not entitled to receive any of the money. And no, you cannot withdraw funds from your husband's separately-owned account.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.