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mommyof6cuties
Apr 30, 2010, 09:49 AM
So a husband takes out a loan without his wife knowing. $9000. Gives it to his mother. Wife finds out. MIL works at the bank, has a history of looking at their account. Has transferred money out of their account to help other family members. Wife decides she has had enough. Wife wants to leave her husband. Can wife "kick" the husband out of the house and have the locks changed without going through the eviction process? The husband will fight this issue. What can the wife do to insure it is all legal? She does have an attorney as she is filing for emergency custody of their child.

JudyKayTee
Apr 30, 2010, 10:11 AM
No, she cannot kick him out. It's against the Law.

The Attorney who is familiar with all of the circumstances as well as your State laws should be answering these questions.

If your MIL - and I'm guess you are talking about you - has taken money out of your account without permission (either party can give permission if it's a joint account) you have a cause of action against her.

There is no law that requires a husband to inform a wife concerning loans or other financial matters UNLESS he somehow forges her signature. That's a matter of common sense and mutual respect in a marriage.

And, again, you need a Court Order to get him out of the house. You cannot just lock him out.

mommyof6cuties
Apr 30, 2010, 11:10 AM
No this isn't my situation. It is a friends situation. I just wanted to make sure I was giving her correct information. As she is receiving wrong information. There are people telling her to withdraw all monies from the joint account, seek emergency custody and to pack his bags and change the locks on the door. I told her she could get in more trouble by packing his bags and changing the locks. I haven't talked to her since she spoke with the attorney but I would assume the attorney told her the same as you stated and what I was telling her. I just wanted to get my facts straight. Thank you for answering.

JudyKayTee
Apr 30, 2010, 05:38 PM
She CAN remove all money from joint accounts (probably before he does). He won't be happy but she won't starve.

Let us know what happens.