If we are going to file for a divorce and my husband has saved all his income in his father’s bank account, can I claim that savings?

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If we are going to file for a divorce and my husband has saved all his income in his father’s bank account, can I claim that savings?

Asked on January 18, 2016 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes.  Community property is community property regardless of where it is stored.  If your husband has 'gifted' the funds to his dad, then you could also make a claim for reimbursement because he gave funds to a third party.  If the funds are substantial, then make sure you hire an attorney to at least help you draft a proper petition so that you can assert a claim as a community asset for a claim of reimbursement to the community estate. 


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