Legal Question in Credit and Debt Law in Virginia
Removing name from joint checking account after divorce
My military son has recently divorced. He and his x wife have a joint checking account at Wachovia. She is $400 overdrawn and refuses to help him remove his name. Wachovia says she has to sign also. How does he get his name off the account? Can he take the finalized divorce papers to Wachovia and terminate the joint account without her presence?
1 Answer from Attorneys
Re: Removing name from joint checking account after divorce
Yes, I would do exactly that. Other than being responsible for the overdraft fees, of course there is little consequence that I can see if he does not put any more money into the account. However, he should place the bank on notice with formality that (a) he withdraws his consent to the joint account and wants to have his role in the account terminated and (b) that they are divorced.
Even if the bank, being a bureaucracy, does not process this, the fact that he has placed the bank on notice would help protect him.
I would suggest sending a letter BOTH by regular mail AND by certified mail. (Certified mail is often not very good, because it depends on the recipient claiming the envelope and signing it.)
I would also check his divorce papers very carefully to see if there is any part of that which may have decided how such financial matters are to be handled between the ex-spouses.
If he loses any money because of her actions, he can sue her in small claims court or general district court to recover anything he loses.