Community Property and Checking Accounts

What is the name of your state?What is the name of your state?What is the name of your state? Washington State

I hope someone can help me. My husband and I are not divorced or separated yet, we still occupy the same home, but are planning to do one or the other. I just found out this weekend that instead of depositing his check in our joint account, he opened a new checking account and deposited his entire paycheck into it without my knowledge or consent. His pay is community property isn't it?

What can I do?

[I AM ALWAYS LIABLE]

Originally Posted by DeLanti

What is the name of your state?What is the name of your state?What is the name of your state? Washington State

I hope someone can help me. My husband and I are not divorced or separated yet, we still occupy the same home, but are planning to do one or the other. I just found out this weekend that instead of depositing his check in our joint account, he opened a new checking account and deposited his entire paycheck into it without my knowledge or consent. His pay is community property isn't it?

What can I do?

My response:

Yes, he can "legally" open up another account. However, you're correct that his "earned" money is community property. So, while you're married, and you don't have access to that money, that doesn't change the "character" of that money. So, upon filing your Petition for Dissolution, he'll still have to account for all of that money, and owe you half - - even though he may spend all of it.

He's a dope, headed for a brick wall if he thinks that doing what he did will "protect" him. It won't.

IAAL

Thank you for your reply, IAAL. Is it possible to retain an attorney and have the account legally closed?

[I AM ALWAYS LIABLE]

Originally Posted by DeLanti

Thank you for your reply, IAAL. Is it possible to retain an attorney and have the account legally closed?

My response:

No. You're both entitled to open separate accounts. There's no law against opening separate accounts. The "character" of the "earned income" that goes into those accounts, however, doesn't change. The money is both of yours - - at the time of Dissolution, and an accounting must be made. But, while the two of you are still married, he can effectively block you from access.

You're either going to have to file for Legal Separation or Dissolution of your marriage if you want to get your hands on any of that money.

As long as he is supporting you, and your shared household expenses during marriage; e.g., food, mortgage, groceries, then he's doing nothing "illegal". He has a duty of support to you during the marriage, and cannot leave you to fend for yourself and flounder.

IAAL

Thank you again, IAAL. You have been very helpful and it is much appreciated. I may have more questions in the near future. I'll try not to become a pain.

Many thanks.

DeLana