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  1. #1
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    Aug 2013
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    Default Spouse's Name on Parent's Account

    My question involves a marriage in the state of: Pennsylvania

    Several years ago, my mother-in-law put my husband's name on her savings account. She told us that one reason she did that is so that we could use the money in an emergency. (Yes, it was a bad idea, but she did it without even telling us beforehand.) We have never used the account.

    I believe that the savings account, which is about $50,000, is marital property and subject to division. What percentage of that money should I ask for in our divorce settlement? What percentage am I likely to get? Does it depend at all on our situation: how much we each make and so on?

    In case it matters, I asked my husband for a divorce, partly because he refuses to get a job after losing his previous one for performance reasons. He is moving back in with his mother, 7 hours away, because "he can't handle getting a job right now" so that he can rent an apartment nearby. We have 2 pre-teen sons, for whom I will now be the primary custodian. The PA child support estimator says that my husband will need to pay about $600/mo in child support. Because my husband's retirement account is larger than mine, he will need to pay me about $30,000. And, finally, he has said that I can have the house and pretty much everything in it. (Yes, it's a bad idea, but it's not my responsibility to talk him out of it.)

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Spouse's Name on Parent's Account

    I would say the odds of you getting your hands on that money are next to none and slim just left town. As you noted, it is all her money, regardless of how the account is titled.

    http://www.pacode.com/secure/data/05...7/s177.23.html

    (2) A bank account owned jointly by husband and wife is not entireties property unless a contrary intent is clearly shown, or the account predates September 1, 1976. A bank account may be held in many forms, including ‘‘A and B,’’ ‘‘A or B,’’ ‘‘A and B, or both’’ and ‘‘A in trust for B.’’ The legal rights of the parties are not wholly determined by the title of the account. The account title or caption merely determines the rights of the account vis-a-vis the bank and not their rights vis-a-vis each other. The following rebuttable presumptions are applied in determining the availability of bank accounts:

    (i) The persons whose names appear on the account title are the owners.

    (ii) Persons who own an account jointly—for example, and, or, and/or—own the account in proportion to their contributions.

    (iii) If contributions cannot be determined, each owner of a joint account owns an equal share.

    (iv) If an account is titled ‘‘in trust for,’’ the account is a tentative trust, unless written trust documents exist. A tentative trust is owned by the trustee, and the beneficiary has no legal rights before the death of the trustee.

  3. #3
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    Apr 2009
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    Inland Empire
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    1,410

    Default Re: Spouse's Name on Parent's Account

    Quote Quoting sparky1
    View Post
    My question involves a marriage in the state of: Pennsylvania

    Several years ago, my mother-in-law put my husband's name on her savings account. She told us that one reason she did that is so that we could use the money in an emergency. (Yes, it was a bad idea, but she did it without even telling us beforehand.) We have never used the account.

    I believe that the savings account, which is about $50,000, is marital property and subject to division. What percentage of that money should I ask for in our divorce settlement? What percentage am I likely to get? Does it depend at all on our situation: how much we each make and so on?

    In case it matters, I asked my husband for a divorce, partly because he refuses to get a job after losing his previous one for performance reasons. He is moving back in with his mother, 7 hours away, because "he can't handle getting a job right now" so that he can rent an apartment nearby. We have 2 pre-teen sons, for whom I will now be the primary custodian. The PA child support estimator says that my husband will need to pay about $600/mo in child support. Because my husband's retirement account is larger than mine, he will need to pay me about $30,000. And, finally, he has said that I can have the house and pretty much everything in it. (Yes, it's a bad idea, but it's not my responsibility to talk him out of it.)
    So you want to screw your mom in your divorce

    How sweet of you

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Spouse's Name on Parent's Account

    Quote Quoting sparky1
    View Post
    My question involves a marriage in the state of: Pennsylvania

    Several years ago, my mother-in-law put my husband's name on her savings account. She told us that one reason she did that is so that we could use the money in an emergency. (Yes, it was a bad idea, but she did it without even telling us beforehand.) We have never used the account.

    I believe that the savings account, which is about $50,000, is marital property and subject to division. What percentage of that money should I ask for in our divorce settlement? What percentage am I likely to get? Does it depend at all on our situation: how much we each make and so on?

    In case it matters, I asked my husband for a divorce, partly because he refuses to get a job after losing his previous one for performance reasons. He is moving back in with his mother, 7 hours away, because "he can't handle getting a job right now" so that he can rent an apartment nearby. We have 2 pre-teen sons, for whom I will now be the primary custodian. The PA child support estimator says that my husband will need to pay about $600/mo in child support. Because my husband's retirement account is larger than mine, he will need to pay me about $30,000. And, finally, he has said that I can have the house and pretty much everything in it. (Yes, it's a bad idea, but it's not my responsibility to talk him out of it.)
    I am not normally this snarky, but I honestly feel that you a bit of a low life scum for even suggesting that you should get part of your mother in law's life savings. That is just unbelievably low class.

  5. #5
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    Default Re: Spouse's Name on Parent's Account

    Quote Quoting llworking
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    I am not normally this snarky, but I honestly feel that you a bit of a low life scum for even suggesting that you should get part of your mother in law's life savings. That is just unbelievably low class.


    This is a proud moment!!! I think I'll serve you a funsucker on the house!

  6. #6
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    Oct 2006
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    16,474

    Default Re: Spouse's Name on Parent's Account

    Quote Quoting Antigone
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    This is a proud moment!!! I think I'll serve you a funsucker on the house!
    LOL...I just could NOT let that one go.

  7. #7
    Join Date
    Aug 2013
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    6

    Default Re: Spouse's Name on Parent's Account

    Did I say that was mother-in-laws life savings? Nope. I didn't and it isn't.

    But thank you for judging me from afar, knowing little to nothing of the situation, and for putting me in my place.

    Very classy, and sweet.

  8. #8
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    Default Re: Spouse's Name on Parent's Account

    Quote Quoting sparky1
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    Did I say that was mother-in-laws life savings? Nope. I didn't and it isn't.

    But thank you for judging me from afar, knowing little to nothing of the situation, and for putting me in my place.

    Very classy, and sweet.
    You are very welcome

  9. #9
    Join Date
    Oct 2006
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    16,474

    Default Re: Spouse's Name on Parent's Account

    Quote Quoting sparky1
    View Post
    Did I say that was mother-in-laws life savings? Nope. I didn't and it isn't.

    But thank you for judging me from afar, knowing little to nothing of the situation, and for putting me in my place.

    Very classy, and sweet.
    You said the following:

    Several years ago, my mother-in-law put my husband's name on her savings account
    Whether that is her life savings or not, its still HER money, and I cannot believe that you are trying to claim that her money is a marital asset.

  10. #10
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    Apr 2009
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    Inland Empire
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    Default Re: Spouse's Name on Parent's Account

    Quote Quoting llworking
    View Post
    You said the following:



    Whether that is her life savings or not, its still HER money, and I cannot believe that you are trying to claim that her money is a marital asset.
    I think you need a few more funsuckers, you're going mild on me!!!

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