Riverside, CA asked in Business Formation, Business Law, Civil Litigation and Family Law for California

Q: my wife made it where our money from our business goes to an account that only she has access to. what can i do?

We have an air bnb, and out of spite she has went and switched the direct deposit account from our joint account to an account in her name that only she has access to. What can i do? After trying to reason, she still will not switch the accounts back.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, if both spouses have an equal interest in a business operated by either or both, the revenue from that business would generally be considered community property. If your wife has redirected funds without your consent, you might consider sending her a formal written demand, citing the relevant community property laws and requesting the return of the funds to a joint account.

Should this approach fail, it may be appropriate to seek legal redress through court intervention to enforce your rights, which could include filing for a court order to restore the funds to a jointly accessible account. It's also advisable to review any prenuptial agreements or postnuptial agreements that might affect the situation.

Consulting with an attorney experienced in family law and business law can provide guidance on how to navigate the complex intersection of business operations and marital property rights.

Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: Your situation has family law and business law implications. Are you getting divorced would be my first question.

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