If I have money from before I was married can my spouse take it in a divorce?

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If I have money from before I was married can my spouse take it in a divorce?

If I had money in the bank prior to our marriage, is he able to take it from me in a divorce?

Asked on January 12, 2012 under Family Law, Colorado

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you live in a community property state such as CA, community property is property acquired during marriage.  This also includes income during marriage.  Each spouse has a one half interest in the community property.

Separate property is property acquired before marriage or after the marriage ends.  This also includes income before marriage or after the marriage ends.  A spouse has no claim to the other spouse's separate property.

The money you had in the bank prior to marriage is your separate property and your spouse has no claim to it.

If you don't live in a community property state, other rules may be applicable.


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