question re: separate bank account from (soon to be ex) spouse

[Pool Hall Ace]

I have posted before about my nasty alky husband and how he has closed out our joint accounts.

He still gives me money, but I received a gift via Western Union from a friend ($1,000). I only was able to obtain half of it in cash. I'd like to use the other half to open a bank account. My question is, can I open my own account and not have it be considered "joint" just because we are still legally married? I have this fear that somehow he will find out about it, and he could somehow help himself to half.

I hate being ignorant on these matters! This is such a crazy time. Thanks for helping me out. :crazy:

[Rosie1223]

1. My husband and I have separate accounts

He cannot 'help himself' to my account. However, during a divorce settlement, the moneys may be considered community property -- I don't know about that.

Good Luck

[supernova]

2. No, you can open the account in your name only

What matters to the bank is how many original signature cards there are. If there is only yours, then you're the only owner of that account.

Before I left my marriage in 95, I opened up a separate account in my name only. Otherwise he would have eaten up my paycheck and not left any to pay the bills. I was the only one working then.

edit: But when It comes tome to talk about separation agreements and so forth, depending on your state, it may be considered community property and you might be required to hand over x amount of cash. But, it's not the same as him being able to use the account.

[Schema Thing]

3. you could control it

but the court might see it as joint. I assume they would.



you could keep his paws off of it in the near term, by starting the account, but not getting any checks made - only use a debit card. So long as he doesn't know your security code, it should be safe.

[Sanity Claws]

4. Not joint

First, even if you are in a community property state, gifts, bequests, etc. are considered the separate property of the recipient, unless the gift was given jointly to the couple. It sounds like this was a gift to you alone so it is your separate property.

Second, community property stops accumulating when the parties start living separate and apart with no intention of resuming living together. You said you are separated and are planning a divorce. Therefore the money, even if it were not a gift but earnings of some kind, would be your separate property.


Feel free to open a separate account. The bank cannot give him access if you don't put him on the account. The exception, of course, would be some kind of court order requiring the bank to give him access.