can he take my mom off the account without her permission? Please feel free to throw any extra knowledge or advice that you have about this matter. The separation is NOT through the court.
2007-11-20 13:31:54 · 32 answers · asked by vipreyes09 2 in Family & Relationships ➔ Marriage & Divorce
I just went through a similar experience with my soon to be ex. He cannot remove her without her permission but he can take his name off. However it may be smart for your mom to remove herself because if he wants to be an *** and overdraw the account she would not be able to remove her name until she paid the balance. (that's what happened to me)
2007-11-20 13:38:24 · answer #1 · answered by Mrs. Olivero 2 · 0⤊ 0⤋
Ideally, each should open their own accounts at different banks, and have their paychecks hitting those accounts.... first.
It is highly possible that one may completely plunder the old joint account... and it doesn't take much effort. A few ATM visits, a few checks, and it is gone.
If this is a probability, I would suggest that your mom call the bank and put a freeze on that account until both she and your dad can walk in, sign out, and close the account TOGETHER.
Your mom needs to gather up all financial statements of any sort... in most states, all property/assets accrued during the marriage must be split 50/50. That includes 401K accounts, stocks, IRAs, CDs, real estate, and everything else.
To prove the existance of these, she will need the statements.
2007-11-20 13:40:25 · answer #2 · answered by revsuzanne 7 · 0⤊ 0⤋
Your mom and step dad are not separated if it is not through the court. They may not be living together in the same house and/or dating other people, but unless it is through a court they are not legally separated.
As for him taking her name off the bank account, this can only happen if she signs off it herself. Of course, there are unscrupulous people out there who have been known to forge a person's signature which is why these types of transactions need to be performed in person. If your mom suspects her husband will try to make off with money from a joint account, she needs to get legal advice to protect her assets.
2007-11-20 13:39:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the wife and the husband have a joint bank account, the manner in which the account was titled will determine who has control. If the account says either /or , the husband or the wife can control the account .If the account was set up husband and wife, I believe that both signatures would be required to change the name of the account or make withdrawals.
2007-11-20 13:45:44 · answer #4 · answered by googie 7 · 0⤊ 0⤋
Absolutly not. The only way a bank will take someone off the account is if both parties are present. If by chance the bank did take your mom off your mom could go in there and fight the issue immediatly. Good luck. Keep your head up.
2007-11-20 13:36:29 · answer #5 · answered by Deana 2 · 0⤊ 0⤋
Not through the court, then it's first come, first served. And the one with leftovers will have to take the other one to court.
If your Mom is honest, tell her to hurry & go get her half, and leave the rest for him. I always say "the person that you date is not the same person that you marry, and surely not the same person that you divorce". She should not be naive at this time, "it's a battle ground now". Whether or not the outcome is good or bad, it's still war.
2007-11-20 13:44:21 · answer #6 · answered by dtown 4 · 0⤊ 0⤋
Finances may not be his forte. He probably has no idea that money is so tight for you right now. When you talk to him just explain that you have been squeaking by lately financially, and then offer your ideas/solutions and see what he says. You will know right away where you stand. My guess is that because he is already aware you are and have been financially independent, that he believes everything is okay. As far as getting a joint checking - it really varies. Some couples prefer not to disturb their checking accounts after marriage.
2016-05-24 09:39:41 · answer #7 · answered by ? 3 · 0⤊ 0⤋
He can try, but if the accounts are tied to credit cards, loans or mortgages it's not that simple. It is actually easier to close that account and open a new one. It really depends on the bank, my ex closed our joint account at a bank and they didn't bat an eye because he was known at the bank.
2007-11-20 13:38:30 · answer #8 · answered by Jayne T 1 · 0⤊ 0⤋
He needs to take what is his from the account and close it right away. They both have to sign to close the account, but it doesnt have to be at the same time.
Even if she is not malicious, without communicating about who is taking out what, there will be lots of charges for overdrafts!
2007-11-20 13:37:55 · answer #9 · answered by becki g 1 · 0⤊ 0⤋
By law the account has to be closed and the assets divided 50% his 50% hers called material asset law. Legal in all 50 states cause its a federal law.
2007-11-20 13:35:24 · answer #10 · answered by ? 4 · 0⤊ 0⤋