What to do if I put my money in my boyfriend’s account and they put a levy on it?

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What to do if I put my money in my boyfriend’s account and they put a levy on it?

I can prove that money is mine. I also deposited my social security checks for myself and children. Can they take my money?

Asked on February 3, 2013 under Bankruptcy Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, they may be able to take "your" money if it can be shown that it was either a gift to your boyfriend or was placed there as payment (e.g. for rent; your share of utilities; etc.)--either of which are reasonable conclusions, since once adult does not usually put her money into another adult's account. While you may ultimately be able to show that it is your money, you will face an uphill battle: the fact that it is his account, and not a joint account, creates a presumption it is his money, not yours. You should cease placing your money in his account and also withdraw your share.


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