if you have a joint banking account with your cheating husband can he close it without your knowledge?
kickboxerkitty asked:
(just found out my sister’s husband has been cheating all over town and we just want to get our ducks in a row.)
no. they have to close it together.
He can withdraw all the money.
Actually he can draw out all the funds! So she needs to beat him to the bank! End of story on the account!!!!
depends. there are actually 2 kinds of joint accounts.
there’s an “and” account. this means, both signatures are req’d to sign cheques, and acct cannot be closed with out both parties.
and OR acct, means only one signature is required and only one person is req’d to close acct.
get those ducks in a row. she needs to protect her investment now.
Unfortunately, yes. If he is an owner on the account, he can also close it.
Good luck, I hope you get to it before he does!
If it is truely a joint bank account, one party cannot do anything without the other parties consent. And if he is really cheating, forge his signature and clean tat account out before he knows whats going on, then spend the money on some kind of cruel and unusual humilliation. Hire a massive billboard that reads something to the effect of “Mr XXXX has herpes, get yourself checked”
Yes unfortunately, try to beat him to it …..if not try to go to the bank and file a separate account with out his knowledge…and transfer all the money right away. If not you will need a attorney….sorry ….wish you the best!!
I don’t know about closing it completely, but he might take everything except for the minimum balance to keep it open. If your sister is considering confronting him, she may want to check with a lawyer just to see what her options are.
You can’t close it alone. When I closed my joint account with my Ex I needed to have her sign a form. She didn’t need to be there in person. I was able to close with just her signature on the form and take all the money. But then again I was the primary account holder. The account was mine for years before I added her.
Legally he cannot…but sometimes banks can be lax when it comes to customers they’re familiar with. If your sis is planning to leave…she should take out whatever money she needs from savings and checking accts. My friends attorney even told her to max out credit cards right before she splits. It may seem kind of rotten to do…but he’s not respecting her by cheating
He can’t close the account but he can take out every dime in the account. The best bet is to open her own account without him on that account to at least have some money saved for a “what if” situation. If there is a divorce in the horizon, there’s alot more financial and emotional issues to consider than just a bank account… think about all kinds of loans, joint and solely owned property, etc.
Depends on exactly how the account is structured. Call the bank and inquire.
He can’t close it without her signature, but he can drain it of all the money.. So can SHE! Tell her to drain things slowly and put the money in your name until she’s ready to act on her plans.
Yes, he can close it.
The bank may put a hold on the money in there for a few days for outstanding checks. Any signor on the account has full authority on the account.
SDguy
Yes. There are two types of joint accounts. Most accounts are joint with survivorship and require only one signer. This means that either signer can close the account and/or take all the money without the other joint owner knowing about it.
The account would have to be set up for dual signatures for both of them to have to be present to close the account. Meaning that all along the account would have required both of them to sign checks before paying a bill. This type of account is very rare these days as many checks are clearing electronically and banks are not even seeing the original checks anymore.
While each financial instutions work slightly differently, have your sister contact her bank chances are that there is something written in the disclosures that she was given at the time of the account opening that states that either can close the account. These disclosures are required to be given out during the account opening process are federally mandated regardless of what state you live in.
As long as the account is not set up to require 2 signatures then yes he can take every penny out of the account and close it. An easy way to know if it is an account that requires 2 signatues: Do both he and your sister have to sign all the checks that are written?
If not, then she needs to go to the bank this morning if it is open. If they are not open this morning, she needs to go first thing Monday morning, even if she has to go into work late!
Just keep in mind that she will have to keep funds in the account if she has items that are in the process of clearing or checks written that have not cleared yet. If she closes the account and items bounce, she is just as responsible for them as the husband is.
She can then turn around and open an account that is only in her name. By law the bank will not be able to tell the cheating husband that she has reopened an account just for herself and he will have no access to the funds at all.