Tuesday, May 25, 2010

Can I remove my name from a joint bank account?

My husband and I opened a bank account in the order of A (husband) and B (wife/me). I want to remove myself from this account. He is running up bad bad debt and I want out. We are common law partners. I am trying to close and walk away from it all.





Any info/ideas? Thanks in advance.
Can I remove my name from a joint bank account?
1. Just go to the bank and request that you no longer want to be on the account. If they give you a hard time, then tell them you want to withdraw all the funds since you have legal right to in a joint account. Then close the account, and give 1/2 (if you want to) to your husband. Keep a receipt of proof of closure or name removal. Make sure all checks in joint name are destroyed. of course make sure not to sign any joint checks anymore. Ask the bank about "stop payment" on all outstanding checks.





2. "Common-law marriage (or common law marriage), sometimes called informal marriage or marriage by habit and repute, is a form of interpersonal status which is legally recognized in some jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage contract is entered into. A common law marriage is legally binding in some jurisdictions but has no meaning in others."





You need to check if the state or country in where you live makes you liable for his debts under "Common Law Marriage." If you didn't have a prenuptial (suggest get one next time), get a post prenuptial - releasing you of his liability now. An attorney needs to draw up the contract.





3. Open another account in your name only at a different bank. Make no deposits of funds he gives you in that account. If he gives you money, open a second account at another bank. You don't want to commingle his assets with yours in the same account because they could be attached in a lawsuit.





See a family law or common law attorney to protect yourself legally from his financial issues.





Good Luck.
Reply:If you're on the account I believe you can close it out yourself. If he's getting himself in trouble it might be a good idea to just close the account anyway... then start over fresh. Just my opinion...
Reply:If the two of you are not legally married, all you have to do is go to the bank and have them remove you as a co-signor on that account. But I can tell you this, if you've co-signed on credit accounts with him and you're just partners not married, you are a co-signor and you will be held liable if he defaults on his end of the payments because you signed on to back him up.


Go talk to the bank.
Reply:You and he have to sign paperwork to take either name off the account, and if it's in overdraft, they won't let you
Reply:I wasn't able to remove myself from a joint account, nor I could remove the other party. I was told I could however close it without the other party's permission, which I did.
Reply:Both partners have to be there, especially if you are B.
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Reply:Contact the bank and ask them! I am sure you should be able to, but that may not be possible, especially if you signed any of those checks........
Reply:All you have to do is go to the bank/credit union and ask for your named to be removed. Also, make sure your name is removed from the checks.





It is a pretty easy and quick process.

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