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Closing an overdrawn joint bank account

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  • 02-11-2006, 05:20 AM
    jen318
    Closing an overdrawn joint bank account
    my ex-husband and I had a joint bank account. When we got divorced three years ago he said he cancelled the account. I went to the bank yesterday and was unable to open a new account. The account he claimed to have closed was open and 600.00 in the negative. The teller gave me the bank statement that showed when he deposits his paycheck. She said I can check the balance and see when the deposit is made to bring the account current. My question is beyond what is necessary to bring the account current, can I withdraw the money from the account to a zero balance and close the account so that it will not hurt me in the future?
  • 02-11-2006, 06:17 AM
    Mr. Knowitall
    Closing the Account
    You can ask the bank's policies on removing your name from the account. They probably won't be willing to do that while there is a negative balance.
  • 02-11-2006, 06:45 AM
    jen318
    The bank says as long as he deposits his check it will bring it current. I was just making sure there are no legal ramifications he can take if I take the remaining cash out of our account and close it.
  • 02-12-2006, 03:03 AM
    ceara
    Even though the account is joint, you can't take out money that you KNOW is not yours.
  • 02-12-2006, 07:41 PM
    jen318
    Thank you for your advice and help. It sounded wrong when the teller told me that. The last thing I want is to get in trouble for it. My ex has already caused me enough grief.
  • 02-12-2006, 07:55 PM
    ceara
    Will the bank take your name off of the account once it is no longer overdrawn? If not, your just going to have to bite the bullet and call the ex. It may take both signatures to take your name off or to close the account so that he can open a new account in only his name. If he refuses, withdrawing money from the account doesn't violate CRIMINAL law, but it is more than likely not allowed in your divorce decree. If he is uncooperative, you could withdraw money when it is deposited, setting it aside to return to him as soon as your name is no longer on the account, but I would only do this as a LAST resort.
  • 02-13-2006, 03:05 AM
    jen318
    The bank says as soon as the bank account is brought current, and due to the circumstances they will let me take my name off of the account. The bank manager also said that in order to do this they want the account closed, which means I would have to withrdraw the remaining money in the account in order to do that. I have decided to hand the situation over to my laywer. I am already going to court because he forged documents to put our house in his fathers name so I could not touch it. He is hiding out and quit his job to avoid being served. There is nothing in the divorce decree regarding this. He did the entire divorce through a paralegal, never claimed the house, bank accounts, anything. He put there was no property to be dispersed of. We never even appeared in court. I guess that's what I get for getting married at 16. I just keep finding more things he's doing to ruin my credit and my new life.
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