Colorado Springs, CO asked in Divorce and Family Law for Colorado

Q: My husband says the money in the bank account isn’t mine

I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out of them and just trade out the cards?

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3 Lawyer Answers
Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Colorado Springs, CO
  • Licensed in Colorado

A: The funds would be considered marital property, however the reality is that when parties separate they often have to use bank account funds for living expenses, so such funds can fluctuate.

John Hyland Barrett III
John Hyland Barrett III
  • Louisville, CO
  • Licensed in Colorado

A: In Colorado, any money earned during the marriage is considered marital property, subject to an equitable division, meaning "fair, not necessarily "equal". It sounds like all this is marital.

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Parker, CO
  • Licensed in Colorado

A: It is more complicated than that. If the money has co-mingled during the marriage it may be considered marital property. It is possible to have separate non-marital property but safeguards need to be put in place. You should talk to an attorney to help you make that determination.

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