A spouse is entitled top half the community contributions to an account plus any increase in the value of those contributions due to interest and/or appreciation in value (if a stock account or similar holding), less any monies withdrawn from the account to make community purchases or pay community debt. The problem from your point of view is that monies contributed during the marriage are presumptively community, and you would have the burden of tracing the individual contributions and withdrawals to establish what portion of the account was separate. If you can't even say how much was in the account when you got married, that would seem an impossible task, at least without bank records.
Answered on Jan 29th, 2013 at 7:00 PM