QUESTION
Can I remove my ex-wife from the account or change it or at least stop my check from going in direct deposit?
Asked on Sep 11th, 2012 on Divorce - Ohio
More details to this question:
I have been served divorce papers and am concerned that me and my wife have different banking accounts at different banks but she is also on mine. She doesn't put money in to it but pays bills from it and moves money from the savings to checking if needed. Can I remove her from the account or change it or at least stop my check from going in direct deposit.
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 28th, 2013 at 8:11 PM
It depends on the bank, but usually if it was your account and your wife was added, you can remove her from the account. Also, you can open a new account and tell your employer to have your pay check directly deposited to that new account. BUT be careful: You don't want to be in foreclosure or pay late fees because your money is hidden from your wife and the bills don't get paid. You can always get credit during settlement for any mortgage reduction which you accomplished by showing your bank records. Be sure to get a statement of where the mortgage and bills stood when you were served, and keep track of any payments you make. It would be a good idea to hire an experienced attorney to help unravel this marriage. Good luck!
Answered on Sep 21st, 2012 at 12:09 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I would open a separate account and change the direct deposit with your employer.
Answered on Sep 16th, 2012 at 12:51 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You probably won't be able to take her name off, but the better way is to open your own account and deposit your checks in that account. Warn her first. If you take any money out of any existing account, it would not be a good idea to take more than half. You may need to talk to her about the finances, as you don't want to bounce checks and cause more issues.
Answered on Sep 16th, 2012 at 12:51 PM
Yes you can stop your direct deposits, but know that it usually takes about 30 days for the process to take place.
Answered on Sep 16th, 2012 at 12:50 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can definitely stop the direct deposit of your paycheck from going to a joint account. Whether you can simply remove your wife from that account without her involvement is a matter between you and the bank, based on what kind of account it is. If there is no money in the account and your wife continues to write checks on the account you should not be liable for any bounced checks if you provide the bank advance notice that the divorce is in progress. You should inform your wife, in writing, that you have stopped any deposits to the account and warn her not to write any more checks.
Answered on Sep 16th, 2012 at 12:49 PM
You should stop the direct deposit and close all accounts to which she has access. You should consult a family law attorney about how best to make payments towards community debts during the proceeding.
Answered on Sep 16th, 2012 at 12:44 PM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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Take a look at the "automatic orders" that were served with the Divorce Summons. They may prohibit you from making changes to accounts while the action is pending. I suggest that you immediately retain an attorney to advise you what to do, and to negotiate or seek the court's permission before you make any changes.
Answered on Sep 16th, 2012 at 12:42 PM
Leonard A. Kaanta
Yes, but it is better to start new accounts.
Answered on Sep 16th, 2012 at 12:36 PM
Dennis P. Mikko
You can always stop your check from being direct deposited into an account. As for the joint account, you could close it an open an account in your name alone. You should keep records of the money in the joint account and where it was spent in case she should question your actions.
Answered on Sep 16th, 2012 at 11:49 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes you can close the accounts and open new ones in your name only.
Answered on Sep 16th, 2012 at 11:49 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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It depends on whether there are any orders with the divorced papers, such as restraining you from changing anything. You need to consult a local lawyer to help you with this case.
Answered on Sep 16th, 2012 at 11:38 AM