Calhan, CO asked in Divorce for Colorado

Q: Can a wife clean out jointly owned property if the ex-husband has been asked and refused to comply.

Related Topics:
1 Lawyer Answer

A: It depends. If you are subject to a court order (via an ongoing divorce petition or separation agreement), you cannot raid jointly held accounts without court authorization. Note, payment of monthly bills from a joint account is usually ok, provided that you properly account for the withdrawals (this is still a technical violation, but if the payment is for normal expenses and it is documented a judge will not likely penalize a party in most circumstances).

If this is a matter of the ex not complying with a court order (i.e. removing money), a reasonable argument can be made that if you remove your portion and put it into another account (with documentation) you may not be violating a court order because your portion of the money in the joint account is not subject to the injunction since an agreement about the division has already occurred.

If you want specific recommendations (and a review of potential consequences), you will need to contact a family law attorney directly.

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.