Q: Can my husband, who has not been living with me, we are separated, can he claim any monies that my parents give me?
We have not filed for divorce yet. My father wants to give me money to help me out but does not want my husband to have access to it.
A: Anything given to you after the date of separation by gift or inheritance and any earnings after the date of separation are not considered community property. If you don't want him to have "access" to those funds, don't put them in a joint account.
A: Do you have a pre/post-nuptial agreement? If you're legally separated, then you can use that as a defense to his effort, if any, to consider such payments as community property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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