Are separate bank accounts considered separate property?

Often couples keep their finances separate during marriage, and then assume upon divorce that these are their separate property. That is not necessarily the case, unless you have a written agreement that you and your spouse intended for that to be the case.

All property and earnings acquired during marriage are considered to be community property, regardless of how finances were handled.* This may mean, for example, that your spouse is entitled to one half of the money placed into the IRA you hold in your name.

*Any property received by inheritance, gift, bequest or devise is the separate property of the receiving party.

Any Questions?

Please contact me for a free consultation if you would like more information on anything you have read. Jennifer Yates, Attorney at Law.