Does filing a joint tax return make separate bank accounts become community property?

UPDATED: Apr 1, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 1, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does filing a joint tax return make separate bank accounts become community property?

If I had separate personal bank accounts prior to marriage but I file my yearly tax return jointly with my husband during marriage, does that make my separate accounts to become community property? So in case of a divorce, does my husband entitle to half of my separate bank accounts because we filed our taxes jointly for the past couple years.

Asked on April 1, 2012 under Family Law, California


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

Answered 10 years ago | Contributor

Here is the thing: any money earned during the marriage is considered to be marital property.  Have you been depositing marital money in to joint accounts?  Then that money is marital money regardless of whose name is on the account.  And now you have co-mingled what may have been deemed separate property with marital property.  Listen, you are married regardless of how you are filing your returns.  I think that you should seek help from some one in your area to clarify things.  Good luck. 

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption