bank account

[mostmphns]

What is the name of your state (only U.S. law)? South Dakota

My sister in law is getting ready to go through a divorce, she has her money direct deposited into the joint checking account. Friday morning the husband went to the bank and took her name off the account so she has no access to her money. Isn't this pretty much stealing? Is there anything she can do? I told her first thing Monday to contact a lawyer and make sure she gets this going she needs to be the first to file the divorce. There is a lot going on in her household and I am worried for the children. She works at night and he talks really bad about her while she is at work, the kids know way to much and are too involved in the marriage problems. Any advice would be helpful!

Thank you

 

[disneykid52]

Can he really remove a name without the other persons permission?

 

[TinkerBelleLuvr]

Normally with checking accounts, the only way to "remove" someone is to close the account. She needs to be at the bank Tuesday morning.

 

[Zigner]

To answer the question about stealing: No, this is not stealing. Once it goes in to the joint account, the money belongs to them both equally.

Also, it really doesn't matter who is "first" to file for the divorce, although it does need to be done quickly if that's the path that is going to be taken.

 

[LdiJ]

Normally with checking accounts, the only way to "remove" someone is to close the account. She needs to be at the bank Tuesday morning.

That was my exact reaction to this thread. If he did anything, it was perhaps to cancel her debit card. I agree that she needs to be at the bank first thing Tuesday morning.

 

[latigo]

What is the name of your state (only U.S. law)? South Dakota

My sister in law is getting ready to go through a divorce, she has her money direct deposited into the joint checking account. Friday morning the husband went to the bank and took her name off the account so she has no access to her money. Isn't this pretty much stealing? Is there anything she can do? I told her first thing Monday to contact a lawyer and make sure she gets this going she needs to be the first to file the divorce. There is a lot going on in her household and I am worried for the children. She works at night and he talks really bad about her while she is at work, the kids know way to much and are too involved in the marriage problems. Any advice would be helpful!

Thank you

Even more critical than getting the business with the bank strengthened out is your sister-in-law's need to get her divorce complaint filed an served upon the husband as quickly as possible!

The reason being that once he is served with the complaint and summons an automatic mutual restraining becomes operable which has the effect, among other things of :

"Restraining both parties from transferring, encumbering, concealing, or in any way dissipating or disposing of any marital assets, without the written consent of the other party or an order of the court, except as may be necessary in the usual course of business or for the necessities of life, and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the temporary restraining order is in effect; . ." (South Dakota Code Section 25-4-33.1)