Do I have the right to have access my husband’s bank accounts?

UPDATED: Oct 2, 2022

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Do I have the right to have access my husband’s bank accounts?

Recently, we had a DV dispute he was arrested taken into custody. No one ever came back to me or provided me with his arraignment court date so I pretty much did not have a saying in the case. There’s a no contact order involved but he did also come back home after he wasnt supposed to. My dad ended up kicking him out. I just recently found some papers from the bank about our joint checking account were he removed me as a joint owner. He also has an employer-sponsor account that I didn’t know about. While he was working for that company he also told me that I was his beneficiary on his life insurance policy but it turns out I wasn’t; I was only there as his emergency contact. He made me open several credit card accounts and he never paid for them my credit score keeps dropping because of it. I have no idea where he is at and he had told me in the past he was going to do anything it took to divorce me. What rights do I have?

Asked on August 8, 2019 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you file for divorce, the court can order that he provide you support or pay bills for you in the interim, while the case is going on, and so not lock you out of family money; and when the case is decided, the court can look at all assets (e.g. all bank accounts) regardless of whose name they are in and distribute a fair share of them to you. (That is, one spouse cannot keep his spouse from getting her fair share of the money by simply putting the account in his name only). You can also get your fair share of other assets (e.g. vehicles, real estate) in the divorce. But it's only in the divorce case that you can do these things: the courts do not intervene or interfere in marriages and the couple's internal financial or economic arrangents unless there is a case brought to them.
To better understand the divorce process, what you may be entitled to in divorce, and your options, consult with a family law or matrimonial attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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