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    jferparrott's Avatar
    jferparrott Posts: 2, Reputation: 1
    New Member
     
    #1

    May 20, 2007, 11:51 AM
    Checking Accounts in a community property state
    Here is a question for you.

    I live in Washington state which is a community property state. My spouse has a checking account that I am not a signer on. I do not have an account and do not work, because I am a stay at home mom. We are leaning towards divorce, and he has complete control of the money and won't give me any to live off. How can I legally get access to the money or make him give me some?

    Anyone have any Ideas??

    Thanks!!
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
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    #2

    May 20, 2007, 12:30 PM
    You'd have to go to an attorney because without your name being on that account the bank can not give you access to it. Because the bank holds that money you have to go by their rules and it's their first priority to protect their clients money so they can't give you legal access to it just because you have a legal right to it. If that makes sense. An attorney probably won't even be able to get you access to that account but may be able to get you access to that money through a temp alimony order. It would be up to him to give it to you until you start a divorce, once you start a divorce all accounts are listed and the judge will decide how much of that you have a right to at the time of separation. Do know that at the start of a divorce if your husband has say $5000 in that account he can use it to support himself and/or (paying temp alimony or household maintenance) and what is left when the divorce is final can be awarded to you because it is considered joint funds. Usually though it only ends up being a bargaining child to something in the divorce and never usually ends up being an individual award.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 20, 2007, 12:54 PM
    You will need to most likely get a job, to afford living expenses ( right now) because it will take a while to get him to do anything, it is obvous he controls everything.

    So if and when you file for divorce your attorney will demand he give 1/2 of everything to you, he will lie about what there is, try to hide it, you have to find it, and fight it out in court.

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