Katy, TX asked in Banking and Family Law for Texas

Q: My mom and dad are separated but not legally divorced. Is her personal bank account at risk if he got into a lawsuit

We all currently live in the state of Texas for now. They have a joint account and then she has a personal account with only her name on it. I am trying to figure out if he or someone else could take money from her account in this case due to a lawsuit. If so, what can we do to protect her account?

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2 Lawyer Answers
Chad Zubi
Chad Zubi
Answered
  • Houston, TX
  • Licensed in Texas

A: Everything acquired during marriage, regardless of whose name is on it, is community property which is subject to a just and right division. The items that are not community property are called separate property and consist of items that are gifts, inheritances, and personal injury awards other than awards for lost wages. So in a divorce your mother’s personal account would be subject to division if it was acquired during marriage.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Bryan, TX
  • Licensed in Texas

A: If your mother has an account in her name only, it is doubtful that anyone else could access it without a Court order. Until and unless your parents get divorced, all of the money in any account that is solely in her name is presumed to be community property unless your parents had a prenuptial agreement.

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