Does filing a joint tax return make separate bank accounts become community property?
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Does filing a joint tax return make separate bank accounts become community property?
If I had separate personal bank accounts prior to marriage but I file my yearly tax return jointly with my husband during marriage, does that make my separate accounts to become community property? So in case of a divorce, does my husband entitle to half of my separate bank accounts because we filed our taxes jointly for the past couple years.
Asked on April 1, 2012 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Here is the thing: any money earned during the marriage is considered to be marital property. Have you been depositing marital money in to joint accounts? Then that money is marital money regardless of whose name is on the account. And now you have co-mingled what may have been deemed separate property with marital property. Listen, you are married regardless of how you are filing your returns. I think that you should seek help from some one in your area to clarify things. Good luck.
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