Will my wife have access to the bank account? 30 Answers as of July 02, 2013

I am on my parents personal and business account in the event they need me to handle there business I can. When I file for a divorce, will my wife be able to have access to this account since my social is on it?

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
No, your wife will not be able to access the account. She may be entitled to records related to the account. However, if your name is truly on the account for convenience purposes only, it should not be a problem.
Answer Applies to: Illinois
Replied: 1/9/2012
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If it is an account in which you hold an interest, it may be partially considered a marital asset in the event of a divorce. Make sure you have something in writing, signed and notarized by your parents and yourself, indicating that you have no personal interest in the funds in the accounts, and that you are only be added for administrative purposes should they become necessary. You may want to consult with an attorney.
Answer Applies to: Florida
Replied: 1/6/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You will likely need to disclose the account during the divorce process but if it is not your account and you are not putting your money in it, she has not rights to the money.
Answer Applies to: Texas
Replied: 1/5/2012
Law Office of William L Spern | William Spern
Yes as it could be argued that you were hiding income in such accounts. I would strongly advise that you be removed from these accounts immediately if your anticipating divorce in the near future. You would be better served to be named in a power of attorney for each parent and possibly as successor trustee to a revocable living trust, either or both in case of your parents incapacity.
Answer Applies to: Michigan
Replied: 1/5/2012
Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
She will be entitled to see all account information including statements.
Answer Applies to: Maryland
Replied: 1/5/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Maybe.
    Answer Applies to: Michigan
    Replied: 5/30/2013
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    It depends, but likely your access and social security number would force the inclusion of mom and dad's personal account in the marital property. See a lawyer for further information.
    Answer Applies to: Ohio
    Replied: 1/4/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Unless she is named on the account as a person with access to it, there is no reason to think she would be able to get at it. However, if you file for divorce, you do have to file a financial affidavit listing all your assets, including bank accounts.
    Answer Applies to: Georgia
    Replied: 1/4/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    I don't know what you really mean by "access." The court will fairly divide all your property. You'll have to prove these accounts aren't yours.
    Answer Applies to: Washington
    Replied: 1/4/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your wife can "discover" information about the accounts from you since your name is on the accounts, but if the accounts are bona fide business and personal accounts of your parents from which you haven't drawn funds for your own use or deposited community funds into those accounts, your wife will likely have no right to any funds in those accounts.
    Answer Applies to: California
    Replied: 1/4/2012
    Peyton and Associates | Barbara Peyton
    Under the rules of disclosure you are duty bound to disclose all accounts on which your name appears and in which you could have an interest.
    Answer Applies to: California
    Replied: 1/4/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If your social is on the account it is YOUR account, not theirs and your wife certainly can go after it in a divorce. Why would you have set it up that way?
    Answer Applies to: Georgia
    Replied: 7/2/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Until your parents do something, your wife will continue whatever access she has now - if any. The divorce will not give her any access she doesn't already have. If, in fact, all funds in account belong only to your parents, it is not marital property to which your wife would have any claim in connection with the divorce property settlement. Proving ownership might be one of the issues in settlement of the case.
    Answer Applies to: Colorado
    Replied: 1/4/2012
    Attorney at Law | Aimee C. Robbins
    No. Only persons whose name is on the account have access. It does not sound like this account is a marital asset either since the account is strictly for your parents business.
    Answer Applies to: Maryland
    Replied: 1/4/2012
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    If of you can prove that the account does not contain marital assets and that you are only on the account to protect your parents the account would not be subject to marital distribution.
    Answer Applies to: Arkansas
    Replied: 1/4/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Not likely, she would have to show you have been squirreling money away in that account to avoid giving her any of the marital income.
    Answer Applies to: Alabama
    Replied: 1/4/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If "by access" you mean will she be able to make withdrawals, probably not, since her name is not on the accounts. And she wouldn't informally be able to access information on the accounts. But if a divorce is filed and she engages in a discovery request asking for information regarding any accounts on which your name appears, then she will be able to have access to information such as copies of statements.
    Answer Applies to: Georgia
    Replied: 1/4/2012
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    If the account belongs to your parents, then it is not subject to equitable distribution
    Answer Applies to: New Jersey
    Replied: 1/4/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. If you can demonstrate that the funds are not a marital asset, they do not become part of the marital estate and, thus, are not divided.
    Answer Applies to: Minnesota
    Replied: 1/4/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The financial information concerning your role in helping your parents on their accounts is legitimate information to disclose in your divorce. Unless your wife us on any of these accounts, she does not have a right to gain entry into the accounts.
    Answer Applies to: California
    Replied: 1/4/2012
    Law Offices of Frances Headley | Frances Headley
    Access to the funds in a bank account are controlled by the paperwork given to the bank when the account was set up or by the owner of the account subsequently.
    Answer Applies to: California
    Replied: 1/4/2012
    Law Office of Joan M. Canavan | Joan Canavan
    Pursuant to Rule 401 of the Supplemental Rules of the Probate Court you are required to disclose and list all joint bank accounts and their values on your Financial Statement even if they are your parents' personal and business. You are also required to provide your Wife with 3 years worth of statements for these accounts. I would suggest that you file a Motion to exclude production of these records on the grounds that they are irrelevant because they are not part of the marital estate and you name is on them for convenience purposes only. In any case, your Wife will not have access to the funds that are in those accounts unles it is established that the accounts include marital funds.
    Answer Applies to: Massachusetts
    Replied: 1/4/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    Under Washfington state law, the court would examine the source of the monies in the account(s) to determine whether all of the account proceeds derive from your parents, and/or whether your have any real ownership interest in said proceeds. That being said, your wife and her attorney will have the right to receive and review all account records in the "discovery" process of your divorce to evaluate for themselves the foregoing information. Your parents should be forewarned that their private financial affairs can be laid open and examined by your wife and her attorney. This is one of many illustrations how adding 3rd parties to banking accounts has unintended negative consequences - and is often discouraged by attorneys.
    Answer Applies to: Washington
    Replied: 1/4/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You will have to prove that you did not contribute anything to that account and that they are not your funds to exclude them from the community assets.
    Answer Applies to: California
    Replied: 1/4/2012
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    California law requires transparency so you must disclose the existence of those accounts. But she cannot access the accounts if they belong to your parents.
    Answer Applies to: California
    Replied: 1/4/2012
    Law Office of Lynda H. LeBlanc
    Law Office of Lynda H. LeBlanc | Lynda Leblanc
    Since you are about to go through a divorce, you need to handle the situation with your parents' accounts differently. Since they put you on the account, it is technically an asset of yours, which needs to be included in the marital pot for division through the divorce. You will need to show that you do not use the account for your personal use and have not put money into the account. Prior to filing for divorce, you need to get your names of these accounts and have your parents execute Powers of Attorney giving you the power to do their banking. This will limit the exposure of your parent's accounts during the divorce, but will not completely protect the assets, as your Wife's attorney may ask questions through discovery that will require you to disclose the accounts. Your parents need to be ready to testify as to ownership of the accounts and why you were on them. A Power of Attorney will allow you to do anything you need to do for your parents banking wise if they are unable, and a transfer on death beneficiary on the accounts will avoid probate (but not inheritance taxes if they apply). Most of your situation will depend on how your Wife acts throughout the divorce process. If it is an amicable divorce and she is aware that you are just on the accounts to help out your parents, she can agree to leave them alone. The other side of that is dragging every one into court to answer as to these accounts.
    Answer Applies to: Indiana
    Replied: 1/4/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Possibly. You will have to prove that it is not your money and that you are only on the account to help your parents.
    Answer Applies to: California
    Replied: 1/3/2012
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Yes. Because your name is on the accounts you will need to disclose their existence on your financial statement that you file with the court.
    Answer Applies to: Massachusetts
    Replied: 1/3/2012
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