Sunbury, OH asked in Divorce and Family Law for Ohio

Q: Closing Joint Bank Accounts?

Fairfield County, OH: My wife had our son file for a Protective Order. April 2021 he was 17 and Sep 20 he turned 18. He graduates in May 2022. He was granted 3 years. He enjoined my wife and his sister in the order. According to the PO electronic communication is a violation of the PO. My wife changed a debt to come out of a Joint Banking Account. This is now causing a negative balance and Overdraft fees. I have been told by the Bank I can close the account as long as I bring the account to balance. Would closing the account violate the conditions of the Electronic Communication portion of the PO? And can I close a Joint Account before a divorce is finalized?

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1 Lawyer Answer
Raquel Ann Parish
Raquel Ann Parish
Answered
  • Delaware, OH
  • Licensed in Ohio

A: The answer to this question depends on whether or not you have temporary orders in an active Divorce case. Sometimes court put orders into place to prevent parties from making changes to joint accounts such as removing funds and closing accounts. If there is no current court order in place preventing you from removing yourself from a joint account, maybe you can pay the negative balance and remove yourself. Unlike on credit accounts, you can often remove yourself as a joint account holder on an asset such as a checking or savings account. To do so, some banks simply let you fill out a form relinquishing your rights to any remaining funds. By signing such a form, you remove all future access to the accounts and surrender your right to any of the money in it.

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