I currently live in New Mexico a community property state. My spouse lost her job on her own accord and has been working as she wants. I am the breadwinner and purchased my house prior to the marriage. My car is only in my name and her car is in both of our names. I had around 18,000 in my checking account prior to the marriage to help pay off my student loans at the end of the year which I still have. I have accumlated more money in my checking around 50,000. My banking account is only in my name and she has one in her name. She pays for nothing at this time, not by my choice. I was wondering if the money I had prior to the marriage would be considered mine and only difference would be considered open to split or even if a judge would make me split it 50/50 with our circumstance or her not willing trying to work or find gainfull employment.
Country relating to Question: United States
State (if USA): New Mexico
This is the beginning stages
Good evening! I can help you out with your legal question tonight. Separate property only remains such if funds can be traced and not comingled. If you had 18,000 and didn't use it other than for payments to your student Loan company, then you have an argument that the money was separate.
Your home should be considered separate.
Everything else is split if you bought it after you were married.
So is other income in my separate bank account prior to marriage considered separate too?
Yes, if you haven't spent it or added any post-wedding date funds.
Over 12 years of business and legal experience.
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