CanI legally get access to or freeze my husband’s personal bank account?

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CanI legally get access to or freeze my husband’s personal bank account?

My husband and I are going through a separation. I still live in the same house but moved to the guest room about 10 months ago since he has control of all the finances; I’m a stay-at-home mom for our 2 girls. He won’t give me any money and hasn’t for almost a year. Can I legally make him give me money or somehow freeze his personal account until we can come to an agreement? He won’t file for divorce and I can’t since I can’t afford it, even though I want to get out of my marriage due to his being controlling and abusive.

Asked on March 12, 2012 under Family Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You are still living in the same household and therefore you can absolutely argue you are not separated and therefore his money is your money (marital asset). At this point, I would immediately hire an attorney (you can always work something out with the attorney based on the fact you should be getting some money anyway from this), and have the lawyer get you squared away with living elsewhere, filing for divorce, filing for custody, filing for alimony and child support. If your children are still young and you do not have any disabilities preventing you from working, you will be most likely required to find a job and get going on that.


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