oubrew1
New
Reged: 08/28/08
Posts: 1
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Being honest.....I screwed up! But due to me screwing up, my wife threw all of my clothes into the back of my truck, kicked me out, and changed the locks. I have never hit her, touched her, and I dont even think I have ever called her a name. The house is in her name, but I HAVE HELPED MAKE PAYMENTS and pay for stuff in that home as well. She took my paycheck and deposited it into an account that I dont have access to, and wont give me atleast access to it. Is this legal for her to do???
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Samsung
Platinum
Reged: 06/14/07
Posts: 2210
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You need an attorney, and you need to open a new account in your name for your next check...or it will happen again.
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dramanomore
Gold
Reged: 09/24/08
Posts: 170
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Usually if the spouse owned the property before you were married, then yes it is their property.
However, you could be entitled to half of the payments made towards the house note while you were married.
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div2wice
Silver
Reged: 09/05/08
Posts: 74
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Unfortunately, I do believe it is legal. If the house is in her name, its hers. No matter if you paid on it or not. The throwing the clothes and such is perfectly legal... she is clearly upset and from your words she has a right to be.
The paycheck thing is not legal. I have been told that a spouse can sign another spouses check along with their name, then deposit it into their joint account, however taking your check, forging your signature and depositing it into another account that you have no access to is not legal. You need to speak to a lawyer if you can.. in the meantime, stop her from getting your checks !!!
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Pamela
Do-It-Yourself Divorce
http://document-do-it-yourself-service.com/
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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You said:
Unfortunately, I do believe it is legal.
My response:
No, it is not legal. Their house is his legal place of residence. She can't just kick him out without a court order.
You said:
If the house is in her name, its hers. No matter if you paid on it or not.
My response:
If the house was purchased during the marriage, it is a joint asset. It doesn't matter that it is just in her name alone. Even if it was purchased before the marriage, she is going to have to buy him out of his equity (any equity increase during the marriage is subject to division).
You said:
The throwing the clothes and such is perfectly legal... she is clearly upset and from your words she has a right to be.
My response:
What she did wasn't legal.
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