How much access do I have to allow my wife to our money?

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How much access do I have to allow my wife to our money?

We have been married over 22 years, My wife well abled but does not work or even attempt to get a job. She continually overdraws or accounts I average $400 a month in overdraft plus fees and insists Ipay for her car which she said she would pay for when she got it. I would like to move income to a separate account, pay bills, then discuss where to apply the rest. Am I within my rights or how can I approach this?

Asked on January 30, 2018 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Money is often a source of strain on any marriage relationship.  Regardless, if your spouse is not being financially responsible, then you do have the right to go to the bank, set up a new account, and not list her on that account.  Understand, however, that if she somehow figures out how to get into the account that has those funds, law enforcement will most likely refuse to press charges because the funds will still be considered community property, even if they are in a sole account in your name.
As far as how to break it to her or discuss it with her....see if she is willing to go to at least one marriage counseling session with you.  There, you can discuss the changes needed in a neutral environment.  


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