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 8 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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