Legal Question in Family Law in Pennsylvania

I am married but in the process of getting a divorce ..But I have a joint bantk account with my soon to be.ex wife..My finance want my name taking off..would this cause probables in my new relationship


Asked on 11/22/13, 11:19 am

1 Answer from Attorneys

Your post is not entirely clear. Am I to assume that you have a fiancee while you are still legally married? And you are asking whether having a joint bank account with your current wife would cause problems with you and the new girl friend?

If you are divorcing, you and your spouse should close joint bank accounts. Having joint accounts is a problem for all sorts of reasons that have nothing to do with any new love interests.

Your best bet would be to have a marital separation agreement in which you equitably (fairly) divide the marital assets and debts. The agreement should address any other related issues (alimony/spousal support or child custody/support), you and your spouse should waive any mutual rights to inherit or administer the estate of the other etc. This should be drafted by a family law/divorce attorney. All joint accounts should be closed, whether they be banks or credit cards. Banks will not allow you to close an account until all checks clear. Credit card issuers will not allow a joint account to be closed until the balance is paid in full. If you or your spouse is an authorized user only, get their name removed from the account. The agreement should also provide that neither spouse will incur any debts in the name of the other spouse - I have seen too often where one spouse fraudulent commits identity theft and ruins the other spouse's credit by creating accounts and/or not paying the bills.

Will having a joint account with your current spouse cause problems with the fiancee? Who knows? It depends on your fiancee. What kind of problems do you mean? Financial problems would not be typical.

I strongly suggest that you do not marry the fiancee or acquire any joint property with her until you receive your divorce decree from the first spouse.

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Answered on 11/23/13, 1:26 pm


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