I'm getting divorced in California. Can my wife freeze my bank accounts (not joint accounts). If so, how do I pay my bills?

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I have a checking account in my name only, and a savings account in my name only. Can my wife freeze these accounts during the divorce process? If she can freeze them, how do I pay my monthly bills?

Attorney Answers

2
Steven Fink ·
The Summons that you are served with in a divorce contains several restraining orders. However, those orders permit you to make your payments "in the usual course of business or for the necessities of life." The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
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Michael Apicella ·
The prior answer is correct. In addition to that info, please note that the "characterization" of those checking and savings accounts that are in your name only will need to be established as part of the divorce process. For instance, whether the money in those accounts are community or separate property funds. To make such determination, certain factors will need to be analyzed, such as: when the accounts were opened (during or before marriage), the source of the money that is now in the accounts (wages or some other source), whether there is a premarital or post-marital agreement, etc. In the meantime, no account gets "frozen" absent a court order. Thus, yes, you can pay your regular monthly bills as normal. Just keep accurate and complete records of your expenditures from all bank accounts to make it easier to go back and determine whether either party has any reimbursement claims. As just one example, if you use your separate funds to pay what should be your wife's separate expenses after your "date of separation," you may be entitled to reimbursements (assuming paying such bills is not in lieu of support that may be due to her). Reimbursements can be a complicated issue. If there is significant money at stake, you should immediately contact a family law lawyer in your local community to advise you.
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