If I were to divorce, am I able to get half of the money that I have deposited into an account in my wife’s name?
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If I were to divorce, am I able to get half of the money that I have deposited into an account in my wife’s name?
My wife handles our finances and I transfer money each check to her for bills/savings. My name is not on the account due to a debt I took over from my ex-wife. If I were to divorce, am I able to get half of that money to me? On each transfer I put in the memo for bills/savings.
Asked on April 23, 2012 under Family Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the law of all states in this country, if the bank account that you are writing about states that it is in the name of your wife and not you, there is a presumption that the bank account is her own separate property.
However, the presumption is rebutable by you to show that the account was set up as a convenience for you and her and that this particular bank account is actually a jointly owned marital asset. As such, there is a possibility that you would be entitled to one half of that bank account despite the fact that it is in the name of your wife.
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