Legal Question in Banking Law in Pennsylvania

Can I get my checking account back?

I got married in 1983 and put my husband�s name on my checking account. Both of our names were printed on the checks, and we both used the account. Over the years the checkbook went back and forth, first I wrote all the household checks, then he did, then I did�

A couple of years ago when he had the checkbook he had MY name taken off of the printed checks from what was originally MY checking account, due to something his mother told him. I am still on the account, the banking statements are mailed in both our names, and I can still deposit and cash checks at the bank, but it bothers me not to have my name on our checking account checks.

Our marriage hasn�t been good for years but I stuck it out for the sake of the kids who are now out of high school with jobs, but living at home paying off school loans, one for tech school the other for one year of college. I am thinking about leaving and having a life of my own.

CAN I get my checking account back? Instead of starting over I would like to have the one that I started my adult life with.

AND how could the bank take my name off the checks just on HIS say-so when it wasn�t an account that he started anyway?

Thank you for your time!


Asked on 7/09/07, 3:19 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Can I get my checking account back?

You asked about "getting your checking account back."

Well, I understand the question but won't give you the answer you are looking for.

Drop the account. It doesn't matter. Only the money in the account matters and each of you have as much right to it as the other.

Open a new account and do not tell him. Get a post office box (they are cheap) and have your mail sent there. You can transfer whatever assets you would like to the new account and even change any direct deposit that you control. You will also need to change any automatic payments that you are concerned about.

A checking account is a fungible asset. It is not unique and therefore unless he agrees you should not be able to remove him from the account. you can remove yourself though.

Further, the emotional attachment to a checking account is incorrect. You have a relationship with the bank and can still have a relationship with that same bank (though I would very strongly advise using a new bank). Even the numbers on the checks are immaterial. When you open a new account, you can start the check numbers at whatever number you choose.

You need to be more concerned about assets (real and personal) that are not fungible or that otherwise may be in his name. Mementos of your life should be removed from the marital premises before he becomes aware of the pending separation. You should have a car and preferably the home in your name and your name alone. Any savings or investment accounts should be in your name and any debts should be in his name only.

In sum, get yourself to an attorney that focuses on divorce or family law to discuss your potential actions long before you actually make a decision or a move.

Good luck.

Regards,

Roger

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Answered on 7/09/07, 9:43 pm


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