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"Separate Checking accounts"... The reality of "actual ownership"

Posted on 11/14/19 at 2:51 pm
Posted by MiDixon Yermouth
Member since Sep 2018
295 posts
Posted on 11/14/19 at 2:51 pm
There may be some misconceptions about any possible benefits of having separate accounts in the current OT thread. In Louisiana, the money is not legally "separate", nor is anything you purchase with it.

The main thing I wanted to point out that may be of use to someone either married getting married is the legal nuances of home ownership. Just like cars, whose name is on the title, whether or not you paid for it out of "your own account" with "your own money"...and whoever's name is on the title that paid for it "separately"...it doesn't matter both still own it and everything bought with ANY MONEY...**WHILE** you are married, no matter where it came from...the other spouse still owns equal amount.

But, it you own your house BEFORE you are married and you want to keep if there should ever be a split, you MUST speak with your attorney or title attorney about any payments made towards the mortgage.

If your house was paid for before you were married and you end up selling as a couple to get another house, a good title attorney is able to protect you IF you tell him what's going on. I could give details but as much as we want a marriage to succeed, **REALITY says there are as good of odds it won't as it will.

You can keep what was yours before married if you word a mortgage as it really should be when a change is made. And this is also part of the law...what was yours BEFORE will stay yours if there is a split... it's just a simple step that must be taken each time a change of status is made that will protect you. It's actually not fair if you paid for a $300,000 home before married and a year later then a woman changes her mind ...and after 12 months, she benefits by $150,000 more money than she put in...and the law and courts see it that way... but "words" REALLY matter. Be wise, get advice, and best wishes to anyone married to stay that way.

Divorce can be much more destructive than you could imagine.. and in more ways than you could imagine... if more mistakes were made than just the choice of spouse. Just take the extra step of getting advise.. your "wife" will understand if she is reasonable and is informed of the law beforehand.

This has nothing to do with a pre-nupt... just properly keeping track of what was actually yours or hers BEFORE...the law says it should stay that way and it will... **IF... this is properly kept track of with proper "wording".
This post was edited on 11/14/19 at 7:33 pm
Posted by TechDawg2007
Bawville
Member since Nov 2007
32249 posts
Posted on 11/14/19 at 2:53 pm to
I'm not reading all that
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 11/14/19 at 2:53 pm to
Posted by Displaced
Member since Dec 2011
32701 posts
Posted on 11/14/19 at 2:55 pm to
You're thought is that people only keep separate checking accounts because they are preparing for divorce?

And the 50% divorce rate is a false/misleading number as much as the "wage-gap"
This post was edited on 11/14/19 at 2:58 pm
Posted by HT713
Galations 4:16
Member since Jan 2011
10028 posts
Posted on 11/14/19 at 2:56 pm to
this shite put me to SLEEP my man congrats. bottle and sell this you'll put lunesta and ambien outta business

all natural baybee
Posted by Chad504boy
4 posts
Member since Feb 2005
166127 posts
Posted on 11/14/19 at 2:56 pm to
my account pays for everything.
her account pays for shoes and purses.
Posted by Booyow
Member since Mar 2010
3990 posts
Posted on 11/14/19 at 2:57 pm to
This message brought to you by the Law Offices of MiDixon Yermouth. The official Dick’s in your Mouth attorneys of the LSU Fighting Tigers.
Posted by castorinho
13623 posts
Member since Nov 2010
82010 posts
Posted on 11/14/19 at 2:57 pm to
Posted by GreatLakesTiger24
COINTELPRO Fan
Member since May 2012
55547 posts
Posted on 11/14/19 at 2:57 pm to
Sorry about the divorce dude
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
421355 posts
Posted on 11/14/19 at 2:58 pm to
"Dear Law School Diary..."
Posted by iAmBatman
The Batcave
Member since Mar 2011
12382 posts
Posted on 11/14/19 at 2:59 pm to
you sound like a guy that got burned during a divorce and now thinks he's a divorce lawyer
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27166 posts
Posted on 11/14/19 at 2:59 pm to
And why did this need it's own thread?
Posted by jchamil
Member since Nov 2009
16456 posts
Posted on 11/14/19 at 3:00 pm to
quote:

You're thought is that people only keep separate checking accounts because they are preparing for divorce?


I don't think even one person mentioned separate accounts in case of divorce in that thread. It was pretty much all already had separate accounts, separate so they can spend on what they want, separate so the other can't see them buy bday/Christmas gifts, etc.
Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 11/14/19 at 3:01 pm to
It appears you got highly burned during divorce proceedings.
Posted by Spasweezy
Unfortunately, Louisiana
Member since Jan 2014
6605 posts
Posted on 11/14/19 at 3:09 pm to
Slow day at the estate planning office? Should have been a noble steed and gone the PI route. Vote for snake eyes please.
Posted by notiger1997
Metairie
Member since May 2009
58089 posts
Posted on 11/14/19 at 3:13 pm to
Whatever.
My wife and I have had a joint checking account for 20 years now. Whatever works.
Posted by lionward2014
New Orleans
Member since Jul 2015
11700 posts
Posted on 11/14/19 at 3:51 pm to
My separate account is so my wife doesn't know what I pay for sports tickets, beer, and random Amazon purchases, not because I am worried about a divorce. Likewise, counselor, her separate account is so I don't know what she spends on cookbooks and clothes.

Now that I think of it, our separate accounts are doing more to prevent a divorce than preventing one.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66342 posts
Posted on 11/14/19 at 3:54 pm to
Yeah my parents have separate accounts and I’m like yeah, that’s cute

I actually have a premarital agreement separating our community, but have a joint account.

I’m not keeping any money from my wife. But immunity Property only benefits your creditors
Posted by Koach K
Member since Nov 2016
4061 posts
Posted on 11/14/19 at 3:56 pm to
Thanks for your community property primer. You should publish it. By “publish,” I mean use it to line a bird cage or clean some fish.
Posted by piratedude
baton rouge
Member since Oct 2009
2497 posts
Posted on 11/14/19 at 4:55 pm to
community property is whatever was obtained through the industry of the spouses during the marriage. separate property is that which was brought into the marriage, or received by one spouse by donation or inheritance, along with those items purchased with separate property.

if you bring a metric shite ton of cash into the marriage and keep it segregated from community funds, anything you buy with the separate cash is separate also.
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