What Does The Law Say About This? Wife Accuses Ex-NBA Player Husband Of Stealing From Joint Account

October 9, 2013  |  

Kendra Rae Davis is calling it quits from her 19-year marriage with former NBA player Antonio Davis. And she’s had it with the ex-Chicago Bull player blowing through hundreds of thousands of dollars from their joint account, TMZ reports.

Kendra, a former interior designer for Real Housewives of Atlanta‘s Kim Zolciak, filed for divorce back in June. It was in July, Kendra claims, that Antonio pulled out $133,510 from their joint funds. Antonio also allegedly took out $563,041 to buy himself a new house.

According to TMZ, Antonio rebuffed Kendra’s claims of theft in a letter,  essentially saying, “… the house purchase was in the works before divorce papers were filed, so tough.”

Nonetheless, Kendra expects Antonio to return the loot and pay her legal bills.

“[W]e wonder how much of that money came from his NBA contract and how much of it she actually earned herself?” Bossip asked. Although it’s questionable whether Kendra, an Atlanta resident, earned the money Antonio withdrew from their bank account, but that’s irrelevant since Georgia divorce law states:

Even if one of the partners never earned one dollar, that partner is considered to have contributed to the family’s property (or wealth) and has rights to a percentage of that property.

According to a source from Forbes, a spouse can withdraw any amount of cash from the joint account only prior to any legal proceedings. But after the divorce papers are filed, “certain restraining orders kick into place,” Kelly Chang, an LA divorce attorney, said.

“As to the amount it is wise to withdraw [after legal proceedings], Chang notes that ‘technically, if it’s community [property], then you can withdraw up to 50%… the problem is, the other spouse may have reimbursement claims, etc., and because there is a restraining order, you may run into problems if you have a vindictive ex,'” the magazine says.

Chang would’ve told Antonio to “withdraw any and all funds you deem necessary prior to filing a divorce. That way you don’t run into any problems with violating court orders and such.” If Antonio blew more than half of their joint funds, Kendra may have a case here.

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