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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 100033
Experience:  Fully licensed attorney in Texas in private practice.
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If my daughter's signature is on my savings account, can her

Customer Question

if my daughter's signature is on my savings account, can her spouse get funds from that account in a divorce?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What state is this in?

2) Is she an authorized user on the account, or, a full co-owner of the account?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
Texas
Authorized user
Expert:  Ely replied 9 months ago.

Thank you.

If she is an authorized user, it will be presumed that the money is hers. However, unless his name is on the account as well, then the money is likely to be seen as separate property and not subject to division in a divorce. The only practical way he can override this and attach the account is to show that she MADE that money during the marriage and then put it into that account - if so - the money may be labeled as community property and attached.

Otherwise, it would likely not be liable to be attached in a divorce, based on the facts provided.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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