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When Financial Accounts Are Separate Property

A financial account (a bank, mutual fund, or brokerage account) is typically separate property if:

  • The account was set up before the marriage; and
  • All the funds you put in it were put there before the marriage; and
  • The name on the account was never changed to joint names; and
  • The funds in the account were never used for a purpose that benefited both spouses (such as downpayment for a house, buying groceries, etc.).

Typically, the earnings on a separate account are separate property as well.

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