Q: (Texas) If my spouse has use of a bank account that is not in her name, can that account be an asset?
My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can be listed as an authorized user of another person’s account without being an account holder. I think her accountant brother set this up- can information on this account be compelled by my lawyer?
A:
Yes, the information can be secured by your attorney.
Yes, if your wife deposited community funds into another account which is held in her brother’s name, or anyone else’s, those funds are still part of your marital estate.
On the other hand, if the account is merely linked to her brother’s savings account and only her brother’s money is in that savings account, that money doesn’t magically become part of your marital estate just because the two accounts are linked.
A: Your attorney can file a discovery motion and ask for this information
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