Legal Question in Civil Litigation in North Carolina

im getting ready to get a divorce. I have a bank account in my name only that she has never contributed to. she has a very good paying job as well as i do where the hourly differnce is minute when you factor in bonuses. can she get money from that personal account? also do they take into account income tax returns with the child tax credit cause she got back 4000 where as i had to pay.


Asked on 8/29/15, 10:14 am

1 Answer from Attorneys

Your questions are too complex to fully answer in a forum like this. It sounds like you are considering doing your own divorce. If so, that wouldn't be advisable even if this is a friendly uncontested divorce but your description seems to indicate this may be a divorce where you will both be fighting over property at least - if so, you definitely have zero business doing your own divorce. That said, to answer the questions as best we can here, generally no, she will not be able to legally get money directly from the bank where you are the sole account holder absent a Court Order/. However, she could potentially be awarded all, a portion or none of the account in an equitable distribution dispute. There are simply too many factors to consider to go over all the possibilities. As to the tax credit, it may plal some role but it is doubtful it would have any real significant impact and could possibly have no impact at all because tax refunds are not considered 'income'. Your best bet is to sit down with your spouse and work out something fair between yourselves otherwise all both of you will be doing is paying strangers to decide things for you that you could have decided yourself for free. Best of luck to you!

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Answered on 8/31/15, 8:25 am


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