Can my husband open a new checking account for his paychecks

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Can my husband open a new checking account for his paychecks

Second marriage – angry husband. No divorce. Not legally separated and he’s taken out his automatic deposits of his paychecks and opened a new account only in his name, threatening me that I’ll now be homeless. Married 1st time 4 years, 2nd time 7 years. I’m trying to expand my business to Dallas and he’s making me pay bills, food, etc. out of business budget. Is this legal?

Asked on November 24, 2017 under Family Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Money that is earned during the marriage is considered to be a marital asset. This includes your husband's paycheck. Therefore, you have rights to some of it. However, this can all get a bit complicated so you should seek out legal help. Since money is an issue for you, you can file yourself; most states have an on-line site that contains information for this. Check if Legal Aid can assist you and, if not, see if there is a law school in your area since many run legal clinics that take clients for free or for reduced fees. Finally, check to see if your local county/state bar association has a list of attorneys who will represent you "pro bono" (i.e. for free) based on your income/circumstances.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

So this is getting to be a complcated situation for you and really an attorney needs to be consulted with all the information in front of them.  But let me tell you a few of the "rules": money earned during a marriage is marital money.  That includes his paycheck and whatever you earn through the business.  Business that are started during a marriage can also be considered marital property for distribution in  a divorce.  So a quick answer is that he can do what he is doing but it doesn't matter becuase those funds are considered marital.  Go and see if legal aid can help.  Good luck.


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