Full question:
Can my savings account (that I started after my husband kicked me out) be considered "community property"?
- Category: Divorce
- Date:
- State: Oklahoma
Answer:
Community property generally includes all earnings and assets acquired during marriage, as well as items purchased with those earnings. However, separate property, which includes gifts, inheritances, and personal injury awards received by one spouse, remains that spouse's separate property. If separate property is mixed with community property during the marriage, it may become community property, either partially or fully, depending on the circumstances.
Assets acquired during the marriage are considered marital assets, while separate assets are those obtained before marriage, inherited during marriage, or received as gifts. A separate asset can become a marital asset if it is commingled with community property, such as by adding a spouse's name to a bank account or property title.
In your case, if the savings account was opened after your husband kicked you out and was funded with your separate funds, it may be considered your separate property. However, if those funds were mixed with community property, it could potentially be classified as community property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.