If my husband and I are not yet divorced and have a joint bank account, do I have legal rights to that money?

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If my husband and I are not yet divorced and have a joint bank account, do I have legal rights to that money?

Me and my husband have been separated for 3 months. Our divorce hearing is in a few days.

Asked on August 26, 2010 under Family Law, West Virginia

Answers:

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

Answered 10 years ago | Contributor

When it comes down to it you have a right to the money that was jointly acquired during the marriage or from a point in time before there was a legal separation.  Sounds like a lot of legal mumbo jumbo, right?  Generally, the courts determine what is considered joint and marital property from a point in time to a point in time.  Even if your husband supported you during the marriage and you are undergoing a hardship now to support yourself, I would advise that you ask the court for temporary support rather than go in to an account at this point that you have not contributed financially to.  If it is a savings account then the savings during the time of your marriage could be joint property. Wait the few days.  Good luck.


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