$ question in divorce
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$ question in divorce
| Mon, 07-10-2006 - 7:39pm |
My husband & me talked about divorce & he doesnt want to but I do. There have been many issues in the marriage. I have one question I need advice on. If we were to divorce he seems to think he can get half of my $ in my bank account. Mind you we have separate accounts & mine is in our daughters name & shes under 18. Does he have any rights to my account even though its not a joint account ?

like the other poster said,you will have to fill out an interrogatory(sp) and tell all of your savings account,checking account etc,any type of accounts that was acquired during your marriage,CD,stocks, bonds, what you owe on loans, everything and anything,and when you fill out this paper work it is done with the understanding you are being truthful ,if the court finds out you are not declaring everything or hiding assets you will be in a poop load of trouble.
even if you have account that are in your name only ,when it comes down to splitting up the assets,,it does not matter,anything acquired during the marriage gets split up during a divorce.
I live in Pa and have been going thru my D for
I plan on divorcing my huband later this year so I have been taking half of my tip money from waitressing and putting the cash in my safe deposit because I have no record of it on a paycheck.
When he asks me what I made that day in tips, I just say "oh, only 50$" type thing
It depends on the state.
If your daughter was (a) emapcipated at the time of the money transfer, and you (b) gifted the money to her (per IRS rules), then its hers, AND the money shows up ys taxes on it. If you take the money back, she needs to gift it to you, and it ought to show up on your taxes.
If your daughter is not emancipated, then your stbx has equal rights to the money in her account, as she is under 18.
In any event, the financial games will usually backfire on you. I would strongly caution you against such measures. Even if it works, you expose yourself to the real possibility that you have committed tax fraud.
If you can prove, with a legitimate paper trail, that the money was yours prior to the marriage, then its yours and yours alone. If the money was acquired after the marriage, it belongs to both of you.
Please be careful.
Edited 7/11/2006 3:07 pm ET by jen0212001