Is my husband entitled to our account? 3 Answers as of February 20, 2012
I have a joint bank account with my son which is set up where either of us can take out the money without permission from the other account holder. If something happens to me, I would want my son to have the funds. My husband says that is considered community property and he is entitled to half of what is in the account. His name is not on the account. Is that true?Free Case Evaluation by a Local Lawyer!
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Attorney at Law | Dorinda Ohnstad
It depends on the source of the funds. In California all property acquired during marriage based on the efforts of either spouse is community property. For instance, if the monies in the account come from your wages then they are community property and he would be entitled to half. If the money though comes from for instance gifts of money from your mother then they are separate property and he would not be entitled to half. The names on the account do not control whether the funds are community property or not.
Answer Applies to: California
Replied: 2/20/2012
Law Offices of Frances Headley | Frances Headley
It depends upon the source of the funds that are in the account. You should consult a family law attorney to review the account and determine how it would be characterized.
Answer Applies to: California
Replied: 2/17/2012
The Schreiber Law Firm | Jeffrey D. Schreiber
If you live in a community property state, and the money in the account is from income or money obtained during the marriage (regardless if it was you or your husband who obtained the income or money) and is not from an inheritance or a gift to you, then it is community property and one-half is his.
Answer Applies to: California
Replied: 2/17/2012
