2nd Marriage

undefinedARIAL BLACKWhat is the name of your state?
Washington state
I am planning on leaving my husband of 5 years. I'm not sure how much help
I am entitled to until divorce is filed and until is done.
We have investment accounts that are in his name only, autos in his name only. Am I entitled to these accounts also?
What if he closes the accounts as soon as I tell him I am leaving? What are some of my rights involving our finances?
Thank you
Susie

PSYCHE HUNT said:

undefinedARIAL BLACKWhat is the name of your state?
Washington state
I am planning on leaving my husband of 5 years. I'm not sure how much help
I am entitled to until divorce is filed and until is done.
We have investment accounts that are in his name only, autos in his name only. Am I entitled to these accounts also?
What if he closes the accounts as soon as I tell him I am leaving? What are some of my rights involving our finances?
Thank you
Susie

Click to expand...

My response:

Washington is a community property State. That means you're both entitled to half of the assets, and are both obligated to half of the debts.

It wouldn't matter whose names those accounts are in; you're still entitled to half. The only difference is that you can't access those accounts.

So what if he closes the accounts? There's still a "paper trail" at the bank which will tell you, and your attorney upon Subpoena of those records, how much money was in those accounts. Then, your husband would still be obligated to you for half.

This is all presuming that the money was "marital money" and not separate funds; e.g., the accounts were in existence prior to the marriage.

There's more to this, and this is just a quicky lesson in law. Your attorney can fill you in on the "finer details."

IAAL