Separation of Savings accounts

[dirtyd]

California

My wife handles all of the money and bills. We have savings accounts in a few banks one is an online bank AIG. I don't know any of the passwords there is a bout $20,000 in the online account. I believe the account is in her name only and we started it before we were married. If I was to get divorced would I be entitled legaly to any of the savings?

[tranquility]

Such questions are very fact sensitive and depend on many things. Also, almost any community property question can't be looked at individually, but as a whole in the hope of achieving fairness.

You have a problem in that the account is in her name, you have no indicia of ownership and consists of money deposited before marriage. But, that is not the final answer. You should see an attorney and be prepared to answer questions to find out.

[dirtyd]

tHanks for your assistance

[dirtyd]

Originally Posted by tranquility

Such questions are very fact sensitive and depend on many things. Also, almost any community property question can't be looked at individually, but as a whole in the hope of achieving fairness.

You have a problem in that the account is in her name, you have no indicia of ownership and consists of money deposited before marriage. But, that is not the final answer. You should see an attorney and be prepared to answer questions to find out.

Let me see if I understand you. If I can prove that i was depositing money into the account from lets say another joint account I could possibly have some rights to the money?

[tranquility]

That could taint the money. Tracing could still be done, but co-mingling is a common way to turn seperate property into community property.

[dirtyd]

Originally Posted by tranquility

That could taint the money. Tracing could still be done, but co-mingling is a common way to turn seperate property into community property.

So it will most likely come down to judge's opinion of whether we were sharing the account regardless of name on account?

[LdiJ]

Originally Posted by dirtyd

So it will most likely come down to judge's opinion of whether we were sharing the account regardless of name on account?

Not just that, but also how much of the money was deposited into the account during the marriage, and where that money came from.

Example:

She opened the account before the marriage, but money from each of your paychecks went into the account, both before and after marriage. The account would be marital property.

Example:

She opened the account before marriage, with 5k. After marriage you each deposited money from your paychecks into the account. 5k of it is her separate property, 15k is marital property.

Example:

She deposited 20k before the marriage. Nothing has been deposited since. Its all her separate property.

Those are simplistic examples, but should give you an idea of what we all mean.

[dirtyd]

Originally Posted by LdiJ

Not just that, but also how much of the money was deposited into the account during the marriage, and where that money came from.

Example:

She opened the account before the marriage, but money from each of your paychecks went into the account, both before and after marriage. The account would be marital property.

Example:

She opened the account before marriage, with 5k. After marriage you each deposited money from your paychecks into the account. 5k of it is her separate property, 15k is marital property.

Example:

She deposited 20k before the marriage. Nothing has been deposited since. Its all her separate property.

Those are simplistic examples, but should give you an idea of what we all mean.

That's very helpful thanks