If I were to divorce, am I able to get half of the money that I have deposited into an account in my wife’s name?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I were to divorce, am I able to get half of the money that I have deposited into an account in my wife’s name?

My wife handles our finances and I transfer money each check to her for bills/savings. My name is not on the account due to a debt I took over from my ex-wife. If I were to divorce, am I able to get half of that money to me? On each transfer I put in the memo for bills/savings.

Asked on April 23, 2012 under Family Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the law of all states in this country, if the bank account that you are writing about states that it is in the name of your wife and not you, there is a presumption that the bank account is her own separate property.

However, the presumption is rebutable by you to show that the account was set up as a convenience for you and her and that this particular bank account is actually a jointly owned marital asset. As such, there is a possibility that you would be entitled to one half of that bank account despite the fact that it is in the name of your wife.


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 AttorneyPages.com 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 with SHA-256 Encryption