Rights of wife

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Good day

Atty,Am worried about my situation.I'm married for almost 11yrs and now our relationship is not
working good it because of my husband he had a relationship for almost a year without knowing it. I am working here in abroad,i just come to know and prove it when he followed me here in abroad last 5months ago(July 2011)and besides he admitted everything and ask forgiveness which i forgive him,but deep inside i don't like him anymore(no trust at all).
I confronted,fight with him until we both say lets "separate"without thinking of it and now becoming true cos we don't have any communication for almost 4mos.
My problem is I want to get my share from him,we don't have any properties cos we sold everything except the house(gift of my father -in-law).
We have two account in Phils one is joint account the other is under his name(because i was not in Phils when he opened it which i agree?)and now i want to withdraw all the money in our joint account but the problem is the documents are with my in-laws which i don't like them to know that i'm withdrawing the money.
Is't possible i will declare to the bank that my document were lost?so they can produce a new one?do i have any violation of doing this?(cos 100% my in-laws will not give the documents the knows our situations now).
He(my Husband)had bigger amount on his account that's why i want to get that money and deposited under my name.
I will not spend the money but just to be sure i will have my share because he told me i will never get any benefits from this money...
Atty please am asking help advice thank you very much God bless


Jhulz

talk to the bank and see if you can issue a manager's check even if without the passbook. if you declare them lost, it might require an affidavit and that will be falsification of a public document.

if he refuses to account for the funds in his name, you'll have to take legal action by demanding an accounting, first through a letter, then through the courts with a proper legal action.

Thank you for the reply.My mom tried to get some documents from the bank for me to sign and send back to Philippines,but the bank still asking for the passbook.Wala po ba akong karapatan sa pera na nakapangalan sa hubby ko? I dont have any proof that he have that amount in the bank cos he got it all(the documents),but i know how much is it.
Thank you again.

Jhulz

you have legal rights, but the bank will not release it to you without a court order.

ATTY,

Thank you so much for the answers,i already have an idea on what to do.more power and God bless.

Jhulz