bank account

[princeagles2]

What is the name of your state? Arizona.

My brother is getting a divorce and needs to get a checking account. My mother would like to open a checking account in her name but include my brother as a signer on this account. Will my brother's wife be able to have any access, or legal right to the money in the account?

[Ohiogal]

Yep. If marital income (his paychecks) are going in to the account she would have a claim on part of it.

[LdiJ]

Originally Posted by Ohiogal

Yep. If marital income (his paychecks) are going in to the account she would have a claim on part of it.

I am going to disagree slightly, since it appears that they may already be in the process of divorce.

If he puts money in the account that was marital savings, I am going to agree with you 100%. However, if its just his current paycheck, and he meets his current obligations under any court orders, then there is no problem. However, in that case I can't imagine why he simply wouldn't open his own account, rather than having one with his mother.

I also think that her question might have been a little different than you imagined as well.
His wife would not have any access to the account or any automatic legal right to the money in the account, however a judge could order him to give her, her share of the money, and could levy the account if he did not obey the judge's orders.

So, the bottom line is that unless he would have a problem opening an account of his own, there is no need or reason for him to open one with his mother.