Estate Law Questions? Ask an Estate Lawyer.
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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.
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.
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