Can I make my husband repay the money he cleaned out of my bank account?
The general rule in a Florida divorce is that the court considers and divides up the marital property of the ex-spouses and that the non-marital property of each party remains with the spouse that owns that particular property. In dividing up the marital property, the court is expected to be guided by principles of equity, making sure that the marital property division treats both spouses in a fair manner. If the money used by your husband came from your personal bank account and is considered to be a non-marital asset as how the Florida statute defines it, then you can demand a payment from him. Everything else is separate property and not divisible by the court. State law can provide a spouse with the opportunity to trace separate property through a joint account. If your spouse takes money from a joint account and can show deposit slips, bank statements or other records to indicate that money in the account were his separate property — such as those obtained through an inheritance or gift — it’s possible that he won’t have to reimburse you with all the missing funds.
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