On a DIVORCE, do bank accounts also count as 'possessions' or just material things?

Divorce Property Issues
Answers From The Expert

Divorce property issues can be confusing because it makes a difference whether you live in a community property or equitable distribution state. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are considered community property states, where all assets and debts acquired during the marriage are generally subject to a 50/50 split. In an equitable distribution state, assets and debts are divided in an equitable fashion, taking into consideration the length of the marriage, the income capacity of each spouse, custody of the children, and other factors. The following questions address some of the issues that come up when dividing assets during a divorce:

Questions about the marital home and divorce.
Questions about divorce and business assets
Questions about dividing retirement assets
Questions about inheritance and divorce
Questions about debts in divorce
Who gets pet custody when we divorce?
Do I have to give my wedding ring back?
How do I prove ownership of the dog?
Are gifts considered separate or marital property?
Is property given as a gift considered joint property?
Do I have to repay him for everything he spent during the marriage?
He says that I can't have any of the furnishings we got while married.
Can my husband get half of the house that my dad gave me?
Is property is divided by whose name is on the title?
Will the bank account I had before we got married be split?
Do I have to tell his lawyer about my personal bank account?
Can I make him repay the money he cleaned out my bank account?
Can I access his account to help support our kids?
What are my rights if he was a co-signer on his father's accounts?
Are finances automatically frozen when a divorce is filed?
How can I keep him from selling property before we divorce?
Can I sell community assets to make ends meet?
How is everything split if it's a short marriage?
What am I entitled to after a long marriage?
Does everything have to be split 50/50?
Do I have to accept what my husband offers?
What happens if we can't reach an agreement?
If I move before the divorce is final, what can I take?
What should I do if he's taking things from the house?
Can he keep my belongings until the divorce is final?
What if he threatens to throw my stuff away?
How can I get my personal belongings back?
How do I get my personal belongings out of the house?
Can I make him move my belongings as part of the settlement?
Is he entitled to my vehicle?
What can I do if the car is in his name?
Can I give my Harley to my brother before the divorce?
What if my car is registered to someone else?
Do I have to give back the keys if he keeps the vehicle?
Am I entitled to part of his bonus from work?
Is he entitled to my severance pay?
Do I have to give him half of my stock?
How are stock options divided after divorce?
Am I entitled to any of his workman's comp settlement?
Am I entitled to the money he received from a lawsuit?
What if I took money from a lawsuit to pay the mortgage?
Can I be compensated for helping him pay child support?
How can I find out if my husband is hiding assets?
What should I do about property he leaves behind?
Can he come get stuff after the divorce has been finalized?
How is property divided if his daughter has power of attorney?
What happens if one spouse dies before the divorce is finalized?
Am I entitled to part of the tax refund if we aren't divorced yet?
Topic: Who gets the wedding rings?

Robin's Question: Do I have to give my wedding ring back?

Brette's Answer: Engagement rings are considered separate property since it was a gift given to you before marriage. Wedding rings are probably also considered separate property, although I'm not aware of any case law about this. In most cases, the engagement ring is the item of most value. » Return to top

How do I prove ownership of the dog?

Sara's Question: My husband adopted a dog for me during our last year of marriage - my dog is only licensed under me with the town and vet. He is going after joint custody - wants weekend visits. My children and I have always been responsible for the dogs care - what do I need to prove sole ownership?

Brette's Answer: It sounds like there is a good argument that the dog was a gift from him to you. That's one way to approach this. Another is definitely the impact it would have on the children to have the dog split its time. And you could put together evidence about who has always cared for the dog and get your vet to testify if necessary.

Can I give my Harley to my brother before I get divorced?

Pat's Question: If divorce proceeding have not started and we are not legally separated, can I give my Harley to my brother as a gift?

Brette's Answer: You can, but you have to understand that it might be added back in as a marital asset wh

If your ex-spouse knows about the money or if it's in your name, yes 50/50. That includes both spouses. Also if there is any type of savings, IRA accounts that you both contributed to and any stocks.

Perhaps 'asset' would be a better description of a bank account.

yeap 50/50