Titusville, NJ Divorce Law Firms & Lawyers

Thank you for your question.  I understand how concerned you must be about your home.  It is important to determine how far behind the mortgage payments on your home are at the current time. I suggest giving the mortgage company a call to determine the exact amount of the mortgage arrears, if they have actually filed a foreclosure complaint yet with the Court and when the last full payment was paid.  This will help you determine the timeframe you have to attempt to rectify the situation and move forward accordingly. Unfortunately, because you mentioned your bank account was a joint account, there is nothing you can do directly to stop your husband from taking funds from the same.  Having said that, through the divorce process, you can obtain on Order to prevent this type of dissipation of marital assets in fairly short order.  This Order would prohibit your husband from giving funds away and would also require that he work towards a resolution of the foreclosure problem, whether it be by paying the mortgage arrears or listing the home for sale, to name a few options.  Please understand there are no clear cut remedies without Court intervention and it is important to protect yourself.  I strongly urge you to schedule a consultation with a family law attorney to assess the most effective path forward to protect your assets during the divorce process.  

Its hard to answer this question without knowing what terms and conditions were in your divorce decree.  For the most part, outside of the divorce aspect, if you were joint owners of an account, you have a right to withdraw all of the funds from the account.