If I deposited my inheritance check into a joint bank account and then withdrew it in cash 30 days later, after it had cleared, does my husband have a legal right to half of it. We are going through a divorce??

Which state are you in?

Which state are you in?

Texas

I could find the statute, if you wish, but this might be good enough for you --

"Throughout the United States, one comes in contact with a variety of different types of marital property ownership. In Texas, property owned by a married person is classified either as (1) separate property or (2) community property. Not only is this characterization important in determining how the property is to be sold or conveyed, but it also can determine who inherits the property on the owner's death.

Separate Property Property owned by a single person is necessarily his or her separate property. A married person may identify the following as his or her separate property: (1) property acquired before marriage, (2) property obtained by gift under a will or through inheritance, and (3) property obtained with directly traceable separate property funds. Except for property that is the family "homestead," separate property may be sold and conveyed without the permission of the other spouse."

Texas Community Property Law (http://www.dallasrelo.com/commproperty.html)

You did deposit it in a joint account, so not sure if that changes things. Scott or Judy or someone else should be able to clarify that.

If you have already filed for divorce this shouldn't be community property. However, once it is deposited in a joint account, it could be considered commingled funds. To be on the safe side, I would open a separate account with the check.

Yes putting it into a joint account ( esp since they could just draw it out also) but doing that will give them a claim, it will be up to the judge to decide the extent.

If I deposited my inheritance check into a joint bank account and then withdrew it in cash 30 days later, after it had cleared, does my husband have a legal right to half of it. We are going through a divorce???


Timing is everything here. Once the divorce is filed you cannot dispose of assets. That's a given.

By deposting the inheritance check in a joint account you have gifted it to your husband - a joint account means that each of you "owns" the entire account. For example, if there's $100 in a joint account you could withdraw $100 OR your husband could withdraw $100. You are not limited to half.

Now - if this is the situation: Divorce filed, you deposited the inheritance check in a joint account, you withdrew the funds - you could be required to replace the funds because it was a transaction AFTER the filing of the divorce. Otherwise everyone would file and then race to the Bank and empty the accounts.

If the deposit, withdrawal happened before the divorce was filed I see no problem.

I know that's not what you did - I'm just "saying."

I would run this past a divorce Attorney.