Do I have rights to money in my spouse’s checking account?

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Do I have rights to money in my spouse’s checking account?

I found evidence of cheating. Spouse has $35,000 in their checking; I only have $1,000 in mine. I’m leaving spouse. Spouse left signed blank check on counter, that ended up not using. Do I have right, to fill out rest of check and deposit, to start my life over? Community property state.

Asked on December 17, 2010 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Go get some legal counseling in your area as soon as possible.  You can not dissipate marital assets.  That would include emptying a bank account.  Is this money that was earned during the marriage?  Why is it "his" account?  It is true that assets acquired during the marriage are considered marital assets regardless of whose name they are in, unless the asset is considered separate property by law, which would be inheritance, etc.  And it is true that in a community property state these assets that are deemed marital property are split 50/50.  But it is too hard to tell what is what in this type of setting so get help in your area before you do anything.  good luck.


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