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Can I withdraw money from a joint bank account which has my name on it?

1 Answers. Asked on Mar 14th, 2017 on Divorce - Florida
More details to this question:
My divorce was final almost three years ago, but there's never been a distribution of assets and liabilities. I assumed responsibility of our martial rental properties, and my ex took control of our retail business. I am in need of funds to keep the rentals from going into foreclosure, and my name is still on the retail business account. Am I able to take funds from the retail business account to pay towards these properties?
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Answered on Mar 19th, 2017 at 7:29 PM

   You state there has never been a distribution of assets and liabilities.  However, surely your settlement agreement and/or divorce decree provided for such a distribution?  That is one of the fundamental  matters to be resolved in a divorce.

   If the settlement provided for you to get the monies from the joint business account and you simply failed to do so previously, then you can certainly take them now.   If, however, for some reason this was nnot addressed, then legally you should file a Motion for Clarificaion with the court before just removing the funds, and spell out what was missing from the final judgment and what you are requesting that the court let you do at this time.

Best of luck,

Cindy S. Vova

Law Offices of Cindy S. Vova, P.A.

Broward: 954-316-3496/ Boca Raton: 561- 962-2785 

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Ending a marriage is more than just an emotional process--it's also a legal process. The court must approve your "dissolution of marriage" petition, and will also rule on issues related to the division of property, alimony (also known as spousal support or maintenance), child custody and child support. A divorce or family law attorney can help guide you through the divorce process, while also negotiating with your soon-to-be ex-spouse and his or her divorce lawyer. It's important to note that ethics laws prohibit the same law firm or attorney from representing both spouses in a divorce. Even if your divorce is an amicable one, it's critical to have your own legal representation to ensure that you're treated fairly at all stages of the divorce proceeding.
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