Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation.
Even if the mutual accounts are JTWROS, this is preempted by the fact the accounts are marital property
under ORC 3105.171(A)(3)(a) et seq
. As such, neither party should
be maliciously withdrawing funds from the accounts to hide them.
Of course, just because they should not be does not mean that they cannot. Thus, in such situations if one party does not trust the other, during the divorce, a party often requests a motion for temporary orders to enjoin
both parties from taking out the money until the divorce is settled. A party that has taken out money maliciously may also be made to return it.If changes are made to the account does the party not initiating the change have to sign off on the changes being made?
This depends on what you mean by "changes," but not really. Both parties have equal rights to the money and it is unusual for both parties to have to sign off on any withdrawal. The brokerage firm handling it told me the account is no longer in two names, only my ex-wife's and she is refusing to give me my share. The broker says he can't talk to me, since its in her name only-and refuses to tell me how/when that happened.
It sounds like she took your name off. As such, if you are divorcing (or if not yet, but when), then individuals in your situation may wish to file for temporary orders asking the Court to (1) freeze the accounts and (2) have her return anything she has taken out, until the matter is resolved at final hearing.
I hope this helps and clarifies. Best of luck.
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