Legal Question in Family Law in Texas

Generally, bank accounts for companies are not community property, but any assets that the company has should be considered when determining a divorce settlement. Any personal bank accounts and assets are probably community property to which each spouse is entitled to half of the value of the asset or account. If you file for divorce give all of the information about every account to your attorney and they will help you determine what you are entitled to. As to the second question, if you are co-owner or signer on any of these accounts you will continue to have access to them even if your husband gets sick. However, if you are not a co-owner or signer on these accounts you won't be able to access the money in the account(s). To give you this power in the case of his illness you will need your husband to sign a Durable Power of Attorney giving you this power in the event of his illness. This document can also give you other powers concerning his assets and accounts should you need that also.