Legal Question in Civil Litigation in Georgia

Partition of jointly owned personal property

My brother and I own a certificate of deposit jointly with right of survivorship. The bank will not cash it without both signatures because ''and'' is in the title. I want to cash it and get my 1/2. He refuses to sign. I am told that I must have a judge's order for the bank to be able to cash the CD. What procedure must I follow? What court would I go to? What is the name of the order needed? What kind of documentation would be needed to get it? Any information would be appreciated.


Asked on 11/09/06, 9:33 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Partition of jointly owned personal property

The AND means that it is legally also his money. (If you had set up the same account with an OR either of you could have made a withdrawal). You could sue in court to divide the account, which would probably be an expensive process. If the amount is large, the legal fees may be worth it.

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Answered on 11/09/06, 11:42 am


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