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Getting Divorced in Texas? (A Guide to Bank Account Access)


According to survey data cited by Bankrate, 43% of married couples only have a joint bank account. Most other married couples share at least one joint bank account. If you are getting divorced, managing finances—including bank account access—is one of the most important issues that needs to be addressed and resolved. In this article, our San Antonio divorce attorney provides a guide to bank account access during and after a divorce in Texas.

Starting Point: Joint Funds are Marital Property, Neither Spouse Should Abuse Assets

When getting a divorce in Texas, it is essential to understand that joint funds accumulated during the marriage are considered marital property. Texas law operates under the community property principle: Assets acquired by either spouse during the marriage are generally owned jointly.

However, with rights come responsibilities. It is crucial that neither spouse abuses their access to these funds once a divorce petition is filed. Misuse can include making large withdrawals without the other’s consent or using the money for personal gain unrelated to joint marital obligations.

A Note on Separate Accounts: All assets obtained after the start of the marriage are presumed to be jointly owned by both spouses. That money is kept in a separate bank account by one spouse does not mean that it is necessarily a separate asset. Funds in separate bank accounts could be marital assets that are subject to community property division in Texas.

You Need to Set Up Separate Bank Accounts for the Future

As you transition from marriage to single life, establishing financial independence is vital. Setting up separate bank accounts is a critical step in this process. It is not just about severing financial ties; it’s about laying the groundwork for your financial future. As a logistical matter, this means developing a plan to close down shared accounts and shift funds to separate accounts. A separate bank account should be set up as soon as possible. However, as a general rule, it is best to avoid actually dividing money/assets until the divorce is finalized. Property division should be resolved during the divorce process.

A Former Spouse’s Access to Your Bank Account Should Be Removed After a Divorce

To be clear, your spouse should not have access to your bank account after a divorce. That is an issue that should be fully resolved during the divorce process itself. Separate accounts ensure that each party can manage their finances without interference from the other. You can build and rebuild your financial future on your own terms.

Contact Our San Antonio Divorce Lawyer for Help

At Hoelscher Gebbia Cepeda, PLLC, our San Antonio divorce attorneys handle all types of family issues. If you have any specific questions about dealing with bank account access during or after a divorce, we are here to help. Contact us today for a completely confidential initial consultation. With an office in San Antonio, we provide solutions-forward divorce representation across the region.