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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4821
Experience:  Experienced in both state and federal court.
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My wifes daughter lives in Florida. She is pursuing a divorce

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My wife's daughter lives in Florida. She is pursuing a divorce there. She wishes to have her pay check deposited to her personal bank account instead of to the family bank account. Her husband tells her that it would be illegal for her to do this. Is there any legal or other reason according to Florida or US law that she cannot have her pay check direct deposited into her personal bank account. In your paper entitled US Legal Guide to Preparing for Divorce, under "Close Joint Accounts" it states in part, " . . remove 1/2 funds from the joint accounts and deposit them into your new accounts." Please confirm that she has the right to do this under Florida law. Also to repeat, does she have the right to have her pay check deposited into her personal bank account instead of into the family joint account?

TexLawyer :

Good afternoon. I'll be assisting you with your question.

Customer:

I am ready to talk with you

TexLawyer :

OK. There is nothing legally preventing her from depositing her money in another account.

TexLawyer :

However, doing that does not make is out of the reach of the divorce process. In other words, if the judge determines that it is still joint property, it doesn't matter what account it is in.

Customer:

Thank you - most helpful. About the question: does she have the right in Florida to withdraw 1/2 of their joint account, deposit that in her personal account and close the joint account?

TexLawyer :

There is nothing legally preventing her from doing that, but whatever is in that account is still joint property.

Customer:

Also, does she have the right to close the joint account on her own without his signature?

TexLawyer :

So, she will not necessarily be entitled to half of the funds. It just depends on how the divorce property settlement works out.

TexLawyer :

That largely depends on how the account is set up. In most cases, one account holder does have that right, but that is not a matter of law - it is a matter of how the bank account is set up.

Customer:

I think that does it for now. You folks provide a valuable service.

TexLawyer :

Glad to help.

TexLawyer :

If I can't do anything else for you, please remember to "rate" my answer. Good luck to you and your daughter.

TexLawyer :

Can I help you with anything else?

Chris T., JD and 2 other Legal Specialists are ready to help you
Hi, David. I just wanted to follow up with you and see how things were going and if you needed any additional help. If so, don't hesitate to ask.