my husband and i separated and i have a bank account bu its only in my name and we dont live together anymore , im going through a divorce but currently still married! should i open a new acount with a new number or u think he woulnt have access at all?? is it secure
2007-12-24 00:55:17 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
If the account is ONLY in your name...then go to the bank and ask to fill out a fraud report for the withdrawls. The bank will be responsible for proving that either you took the money yourself or recovering the money from whomever did take it.
The bank will be responsible for returning monies to you that they allowed to be withdrawn illegally.
Close out the account immediately, call any "auto pay" that you have coming out of the account and open a new account..preferably at a bank that your husband does not do business with.
DOCUMENT EVERYTHING!
Even if you live in a "joint" commonwealth...the bank was wrong in allowing funds out of an account by anyone other than the legal account holder.
2007-12-24 02:36:15 · answer #1 · answered by foxinsox 6 · 0⤊ 0⤋
If it is only in your name the bank won't give it to him directly. However, if you live in a Community Property state he is legally entitled to half the funds as part of the divorce settlement. Some people for this reason choose not to have a bank account in their own name with any significant amount of money during a divorce. Lawyers will typically attempt to determine what accounts you have to insure they can get the money in the settlement. Some people try to "hide" money by moving it out of accounts but a judge can cite you for contempt of court if the spouse's lawyer can show that you had a significant funds that you suddenly say "were spent" or "are gone" without any good explanation of where they went or what asset took their place.
2007-12-24 01:13:27 · answer #2 · answered by Say_What? 5 · 0⤊ 0⤋
If your account is in your name only he is not legally allowed to take out any money without your consent. If he tries, you can have him arrested. That said, depending on how your divorce plays out - you may have to share all assets with him and if so, he may be entitled to some of your money. Even then, he would not be allowed to withdraw it from your account but you would have to arrange a transfer.
If however, you have a card attached to your account and you think he may know the password/pin for it - get this changed as he may try to use it online to buy stuff and then he could claim you did it.
2007-12-24 01:20:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think you are better off openning a new account at a new bank and closing what exists.
They are not suppose to get access, but I have heard things that have happened especially if accounts are at the same bank even with different numbers.
2007-12-24 00:59:08 · answer #4 · answered by sammy3256 5 · 1⤊ 0⤋
If his name isn't on it then you should be okay, however some states give spouses 50% of what the other has. Your divorce atty should be able to tell you what your laws are. He may be able to have the account frozen. I would close that account that he may know the info on and go to a different bank.
2007-12-24 01:04:34 · answer #5 · answered by calendargirl 3 · 1⤊ 0⤋
He can access it if he knows the # of the account, but he can not withdraw from it. He can however, find out how much money you have, etc.
If you feel better, just call the bank and explain to them the situation (so they won't charge you) and get a new account.
2007-12-24 01:05:25 · answer #6 · answered by allie b 2 · 0⤊ 1⤋
If its only in your name, then he cant have access to it, the only time you would have a bank account were he can access it is if both your names are on it, or if he has a debit or ATM card of his own to access your account, if that's the case, cancel those cards and order a new one for just yourself.
2007-12-24 01:03:07 · answer #7 · answered by ARTY 6 · 0⤊ 0⤋
If (and this is a big IF) at one time you and he signed the card where he has access to your account, yes, he can remove money. You can call your bank to check. Otherwise, get his name off of it (it may not be possible), or if you receive assurance that he cannot, leave it. It you receive no assurance, or his name cannot be removed without his signature, thenopen a new one.
2007-12-24 01:38:53 · answer #8 · answered by ladyren 7 · 0⤊ 0⤋
Close out the account and after the divorce open another one up.
2007-12-24 01:03:54 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Although he shouldn't be able to, I would change accounts anyway. If you don't want to change, then at least go to the bank and tell them you don't want your husband touching your account.
2007-12-24 01:01:49 · answer #10 · answered by Scooter_The_Squirrels_Wifey 6 · 0⤊ 0⤋