If a couple has been married 20 years, can a spouse who wants a divorce legally block the other spouse from accessing checking/savings accounts?

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If a couple has been married 20 years, can a spouse who wants a divorce legally block the other spouse from accessing checking/savings accounts?

Approximately 2 1/2 years ago, my husband closed my checking account (it was in both our names but he was the main holder) along with my debit/credit card. He had a separate account in his name only that he began having his checks deposited into. My spouse refuses me access to the account unless I am purchasing gas or groceries and I have to enter his PIN when doing so. Recently he has denied me access to even this and is in the process of filing for divorce. Is it legal? If not, what are my options?

Asked on April 24, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

You need to get yourself an attorney as soon as possible.  Income earned during a marriage is maritla income.  He can not deny you access to funds and he needs to have the court slap an order on him restraining him from doing so and awarding you temporary support pendiong the divorce.  Filing the paperwork for the divorce is seen by the court as a date certain for deciding what is now separate property.  So get help quickly.  Good luck. 


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