General Question

sgtampafl's avatar

Getting divorced and need to hide deposit?

Asked by sgtampafl (1points) August 31st, 2009

My step sister is planning to get divorced and her grandmother gave her a $10,000 certified check. We don’t want her husband to know she has the money. I was wondering if she deposits the check into my account, what happens? Is the money traced back to her in any way? Does the bank report the deposit in a manner that would show the check was writtent to her or does it just look like I received the money?

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10 Answers

dpworkin's avatar

If there is a trial over assets, it is considered discoverable, and attempts to actively conceal it will piss off the judge. However, it may not be considered community property if it was a gift from her grandmother, so I would check that out in her jurisdiction. Maybe all she has to do is open an account with it in her own name.

NaturalMineralWater's avatar

I’m pretty sure there’s no legal foothold for a judge with that one. If she was gifted money.. specifically to her.. and she “gifts” it to you.. it was never a shared asset of the marriage. Correct me if I’m wrong fluther lawyers, but I think that money is probably untouchable to the husband.

sgtampafl's avatar

Thanks for your help. I forgot to mention that he wants them to file for bankruptcy. She is afraid they will take this money to pay those bills and she won’t have it to live on when she leaves him. Do you know what happens with the bank? If she deposits it in my account would go on record as a deposit for me or will it show up as her money somehow?

jfos's avatar

Money and relationships don’t go well together, do they?

dpworkin's avatar

Find out if a gift is community property. If not, stop worrying.

PerryDolia's avatar

Has she cashed the check? How about she just gives the check to you for safe keeping, and after the divorce, you give it back. She never cashed it; she never had the money.

autumn43's avatar

Hope your stepsister’s soon to be ex isnt’ on Fluther!

cwilbur's avatar

This is probably something she needs to ask her divorce lawyer. Rules for this sort of thing vary from state to state and are dependent on a lot of questions that her lawyer probably already knows the answer to.

Her safest bet is probably to return the check to her grandmother and ask her to hang on to the money until she can consult a lawyer about what to do. Any other advice would depend on the law where she is.

dee1313's avatar

I agree with @cwilbur.

Also, if you have a good bank, you could ask. The one I worked at had a guy (used to be president before the merger) that was a layer or just kept a current certification to be some legal guy thing… I don’t really know how all that works. We just gave him all the papers when power of attorneys came our way. You could call your bank and ask if they know, but I’d take the lawyers advice over someone at a bank.

Da_Wolfman's avatar

Don’t forget the IRS.

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