I didn't file, DH did, can they take my savings?

[myhearts07]

Good morning, all, Hearts here. Got a question. Dh and I have a joint checking account and we put our income tax refund in there ($4K) and I have been adding to it every month so that we can have some money to rent a place. I am concerned that the trustee is going to take that money. Can he do that? I did not file Chptr 7, so what are my rights to that money or part of that money?

Hearts

[HHM]

If some of that money is a tax refund, and you guys file taxes jointly, the trustee would be entitled to your husbands share (i.e. half) of the refund unless your state has exemptions that can cover cash. However, money that you contribute directly, the trustee cannot touch. However, you need to be in a position to prove where the money came from that is in that account.

[myhearts07]

HHM, thanks for your quick response. The money that I have been depositing have been from his payroll checks and my payments from clients that I transferred from my checking account. It can be seen on the bank statements and account activity. Will this be enough?

Hearts