Reasons for Possession and Use: Bank Account

You will need to explain to the court why the possession and use of this bank account the way you have indicated is fair and equitable. For example, if both Petitioner and Respondent agree that Respondent should have possession and use of the bank account, the reason can be something like: Petitioner and Respondent agree that Respondent shall have possession and use of this bank account.

If Petitioner and Respondent do not agree, then you should carefully detail why possession and use of this bank account as you have indicated is fair and equitable. The following are some examples:

If Petitioner is to have sole possession and use of this bank account.

• Petitioner is the sole owner of this bank account.
• All of the money in this bank account belongs to Petitioner and is not marital property.
• Petitioner owned this bank account prior to the marriage.
• All of the money in this bank account was inherited by Petitioner and is not marital property.
• All of the money in this bank account was a gift to Petitioner alone and is not marital property.
• All of the money in this bank account was earned by Petitioner.
• Petitioner is the only one who uses this bank account.
• Respondent is employed and Petitioner is not. Petitioner needs the money in this account for immediate living expenses.
• Respondent has another bank account and does not regularly use this one.
• Respondent has not deposited any of Respondent's money into this account.
• Petitioner and Respondent have not deposited any money earned or acquired during their marriage in this account.

If Respondent is to have sole possession and use of this bank account.

• Respondent is the sole owner of this bank account.
• All of the money in this bank account belongs to Respondent and is not marital property.
• Respondent owned this bank account prior to the marriage.
• All of the money in this bank account was inherited by Respondent and is not marital property.
• All of the money in this bank account was a gift to Respondent alone and is not marital property.
• All of the money in this bank account was earned by Respondent.
• Respondent is the only one who uses this bank account.
• Petitioner is employed and Respondent is not. Respondent needs the money in this account for immediate living expenses.
• Petitioner has another bank account and does not regularly use this one.
• Petitioner has not deposited any of Petitioner's money into this account.
• Petitioner and Respondent have not deposited any money earned or acquired during their marriage in this account.