Hi I am getting a divorce and my question is... I supported my family to the point I was working from paycheck to paycheck. Taking care of all the children's needs for school, tuition, extra curricular activities and more. My husband never helped saying he didn't have anything to help. I found out that he had a savings account with a large sum in it. ?
Get yourself an attorney and be pro-active. All property on hand at the end of a marriage is presumed to be community property. Community property is subject to division in a divorce. The division does not have to be 50/50.
You do not want him to have the opportunity to hide the savings. A lawyer can help you restrain him from doing such things. Do not try to DIY this divorce.
I am not intending this to be legal advice, because I don't know the particulars of your situation.
In a divorce proceedings you are entitled to one half of the money. You may have to get an attorney to enjoin the removing of the money from that account at the time of service of the complaint for divorce. During the marriage the money is just as much as yours as it is his.
Yes, you can always ask for half.
Dividing property during a divorce in done in the following manner: First, the property and debts must be identified. Second, they must be characterized as either community property or separate property. Third, they must be valued. Fourth, they must be divided (either by agreement or a court's ruling).
The Court has the authority to divide community property in a fair and equitable manner. This could mean 50/50, this could mean a larger portion to one party and a smaller portion to the other. Depending on when the funds were obtained (during the marriage or previous to), a portion (if not all or none) of the account may be community property, and therefore subject to division.
As I mentioned, you can always ask for half. However, getting to that point is a process, and you would be best to have an attorney assist you in this process. Consult/hire a local family law attorney to assist you in this matter.
It depends on lots of things including where the money in the savings account came from. Get with an attorney ASAP to discuss whether it is community property. You will want that account to be frozen when you file for divorce.
Ms. Laster practices in Dalla
If it was earned during the marriage, it is community property and can be divided in a just and right manner, meaning in any way the Court deems. It is presumptively community absent proof it is separate property. It can be divided.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline