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Name Unwillingly Removed from Joint Account

I am going through a divorce in Massachusetts. Can my wife remove my name from a joint checking account without my knowledge? What should I do to claim some of the funds from account?


Many banks will not remove a name, but instead will require that an account be closed and a new one reopened. If a name is removed, problems can arise if, in this case, a check you wrote was presented for payment. When was the check written, before or after you were removed? Were you aware your name was removed at the time? These are difficult questions to answer and this is why names are not often removed from a personal account, but any owner on the account could withdraw all the funds, the same as any owner could close the account. As to the disposition of the funds, who contributed them and who had rights to them, your attorneys may have to work that out.

Published on BankingQuestions.com 11/16/07