
Summary: If your spouse takes all of your joint money and leaves you how can you support yourself? You may find that you need to sell your home. But if the home is jointly owned both owners have to agree to sell it. What if your spouse won't agree to sell your home? You need to consult a divorce attorney to help force the spouse to agree to sell the home. A spouse who steals from the other spouse is no longer interested in being in the relationship and so divorce may be the path to pursue.
Q: There is a man I know who became disabled and his wife withdrew all their savings and left him. He wants to sell their house since he needs the money, but she is the co-owner and won't agree to sell. Is there anything he can do, so he can sell the house?
A: Your friend needs to contact a divorce attorney immediately. He won't be able to sell the property if she doesn't agree unless he files a lawsuit. Since she withdrew marital assets and left, it's seems clear that she isn't interested in being in this relationship. So, he should hire an attorney. He and the attorney can then approach the wife and discuss the divorce and the settlement of assets. The attorney can also get her to agree that the money she withdrew was her share of the marital assets and was her payment (or a partial payment) on the division of all the assets.
Filing for divorce will give your friend a more level playing field with his wife. Which is what he needs at the moment.
May 21, 2009
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