If mywife’s name is still on my account and our divorce is not yet finalized, shouldI take my money out?

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If mywife’s name is still on my account and our divorce is not yet finalized, shouldI take my money out?

When my wife filed for divorce and moved out we divided our bank account in half. She withdrew her share (50%). Now that the divorce is finalizing I’m thinking that she may try and take what I’ve saved over the past year that we have been apart. Her name has stayed on the account I’ve had because I’ve failed to take her off although she closed her debit cards and opened her account at the same bank. There has been no activity in the account by anyone but me in the past year. This includes my direct deposits and payment of bills by me. Should I take my money out before there are some type of temporary orders?

Asked on March 29, 2011 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

Really you should have closed the account when you divided the money and opened another account in your name only.  An attorney can not advise you in any way to dissipate - or take - marital assets but it appears from the way that you have worded the question that you and your soon to be ex wife have already split the money that would have been considered a marital asset and in essence divided it upon agreement between you.  Has the issue been addressed in any of your discussions or agreement made in the distribution of other marital assets?  If not then I would think that your idea may be a wise one at this time.  But consult with your attorney here as well.  Good luck to you.


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