Banking / Separation Process?

My husband and I are in the process of separating so I can move out. We have handled various change overs and I am packing. I have rented a new place and will be able to move August the 6th. He has acquired a separate checking account and has transferred his direct deposits to it as of today. He withdrew his HALF of the funds from the accounts that remain with me.

Am I safe to assume that I can now use my accounts, deposits and withdrawals without there being an issue? Or should I have him sign an agreement that our money in individual accounts are now our own?

You can use your accounts as yours alone, but if any are joint accounts, you will need to have his name removed or the accounts closed.

It is still a good idea to execute a separation agreement that lists which accounts he kept and which accounts you kept and state that these accounts shall be and become the sole and separate property of the spouse retaining them.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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