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Joined: May 2002
Posts: 219
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OP
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Joined: May 2002
Posts: 219 |
I recently found out my STBX has a safe deposit box, which of course he denied when I asked nearly a year ago.
I have the key and know the bank. Is there any way I can gain access to the box? From what I remember from working in a bank, only the person(s) who having been given rights have access and the bank actually has a signature card to verify signature and ID every time the box is accessed.
Can I request an audit of the box since we are going thru mediation to divi up assets for the separation agreement? If he knows I am going to do this, he'll just empty it out. My bet is that he has been hoarding cash for a year.
Any ideas?
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Joined: Jul 2001
Posts: 6,714
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Joined: Jul 2001
Posts: 6,714 |
You can always try. If you get a newbie, it might work, but it may be best to have your lawyer handle it. I think there was something in a Dortmunder book about getting into a safety deposit box. It entailed getting a box next to the box they wanted to enter. Long confusing. It worked but was illegal. And it was only a book.
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Joined: Feb 2002
Posts: 4,199
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Joined: Feb 2002
Posts: 4,199 |
Definitely make your lawyer aware of the box. That way, you can document H's visits to the box.
My X bought an 800lb gun safe to hide his cash, and probably to scare me with guns too - since he only took an interest in guns a few months before he left.
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Joined: Jun 2001
Posts: 1,196
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Joined: Jun 2001
Posts: 1,196 |
I asked my lawyer this question months ago and she said that a safe deposit box could not be used to hide things in a divorce case. There could be a court order issued to identify the contents. Go talk with an attorney about this. Don't try to access the box yourself.
HoFS
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Joined: Feb 2003
Posts: 2,541
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Joined: Feb 2003
Posts: 2,541 |
Well I support the "get a box next to his and open his" theory.
Here is why. If the box is being used to hide assets or any other thing relevant to the divorce then clearly your ex is willing to be completely dishoest including being in contempt of court. When he was diposed he probably had to state under oath that he had fully disclosed all marital assets to the best of his knowledge.
If he is willing to lie under oath, hide assets in a safety deposit box and be in contempt of court do really think he won't empty the safety deposit box before you can find out what is in it?
Besides you could always place both deposit keys on your key ring then claim you accidently opened the wrong box if caught.
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Joined: May 2002
Posts: 219
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OP
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Joined: May 2002
Posts: 219 |
According to the bank, you hand them the key and they open the box. So I don't see how the 'box next to' idea will work. Maybe I don't have the procedure down correctly, but that is what the manager told me over the phone. Even if they don't monitor it that closely, what if there isn't one available next to his box?
I do have a call in to my attorney. I guess I'll see what he says.
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