question about divorce?

Question

okay i need clarification on this, when you get married, you have a joint bank account. and then you divorce. what happens?

now another clarification, what if you have your own bank accounts and one together. nothing happens to your own accounts?

thanks for the responses. im not getting divorced im 19. but i was curious cuz my mom is going through a seperation and i told her to get her own bank account and have her own money. but she said that if they do end up divorcing her husband will get some of the money.

Answer 1

I'm actually in the middle of studying Family Law and have worked with the Self Help Legal Centers located in Courts all around California. I have no idea if you live in California or not but basically here is the clarification you need about divorce and bank accounts.

When you file for divorce, you will need to list both your own bank account and the joint bank account you have with your husband. Courts want you to file your accounts so that they can determine how much both of you will get pending that one didn't take the money out of the joint account before beginning the divorce (when you actually file you will not be allowed to transfer funds from your bank accounts nor will you able to take out any cash). California Family law states that anything bought during the course of your marriage with your husband is deemed to be community property. Most other states don't do community property but they follow another type of law for married people. But the rules are essentially almost the same for both. Anyway, under community property law, (check with your state to see if you follow community property laws if you don't live in California) the assets in the joint account will be split between the both of you unless you come up with an agreement with your husband on who will keep the money. If you had an account BEFORE your marriage, or DURING SEPERATION (when you decide the marriage is not going to be salvable at that point), any account you open (that goes to buying cars, jewerly, and property though there are exceptions to property in most cases so it's not every case where it's only yours when you seperate or get a divorce) is yours. So if your own bank account was opened BEFORE you married your husband, then your husband cannot claim any of the assets unless you were comingling your account with your husband during the marriage. It depends on how you used the account but if you opened it before marriage, it's yours to keep. Your joint account, when you get a divorce is either liquified (you each keep half of the assets) or if you come up with an agreement on who gets to keep the account.

Hope this helps you out

Answer 2

the bank account is divided up ( as are other community assest aquired during the marriage )
hence why joint accounts are NOT a requirement in a marriage
but people do them out of pressure and fear that if they don't the other spouse may feel cheated or lesser than or that true love does not exists..
but love DOES NOT EQUAL money!!!
get that through your head
many people think so
until the day of divorce and suddenly the other party ( usally the women ) becomes very money hungry and gets a divorce attorney in order to get her "fair" share
so much for "love"

Answer 3

When I got divorced my husband and I divided the joint account down the middle. We each got 50%. This isn't always the case in every divorce. It depends on the circumstances and whether or not each spouse is able to be mature or is vindictive.

If you have separate accounts, nothing happens to your own account because no one else has access to it. Of course, that's before the lawyers get involved. Divorce can be messy and each state has its own laws.

Answer 4

Many states have equitable distribution laws. All assets become marital property and need to be divided. Not necessarily 50-50. 60-40, 70-30 etc, depends on the length of the marriage and what each party brought to the marriage.

Answer 5

A freedom or an actual is a state granted permission to do some thing interior a particular potential that they later set with courtroom circumstances. it really is a comic book tale. All of politics is a comic book tale. Telling someone they're allowed to be free isn't real freedom and is even worse being a finished perversion of what an actual or freedom truly is.

Answer 6

As far as joint bank accounts, if both parties agree to dissolve the account then you can open separate owner accounts. (which is recommended) As long as the other remains on the joint account, even if you have separate single accounts, if either person overdraws their single account and there's money in the joint account, it can be used to cover the overdrawn amount (right to offset).

Answer 7

Typically, anything in a joint account is split in half. Depending on where you live depends on what happens to the separate accounts.

Answer 8

your accounts are your own. the one you will need to split is the joint account . i would close that asap . if you are going to court than have the judge split it for you. thats what i did when i got divorce this year. good luck in your new life

Answer 9

If you are really in love and I mean really, mine is hers and hers is mine. In a divorce, I believe the couple was never in love because they sometimes try to make the other one go broke. Yes in divorce it is a 50% split.

Answer 10

all assests, including your bank account, are added together..house value, cars, furniture, etc. In most states, they are divided 50/50 if you both work. If children are involved, another story all together.