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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90971
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i need to creat a court order to be filed with my order of

Resolved Question:

i need to creat a court order to be filed with my order of protection so i can remove my name from bank accounts we shared ....can any one give me a idea on what i should ask the judge to sign when in file the order

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you want your name removed from bank accounts, your order of protection should state something to the effect of, "It is hereby further ordered, adjudged and decreed that (your name) shall be immediately removed from all jointly held bank accounts or credit accounts (if there are credit accounts) as allowed for by law." If there is a mortgage or car loan, "It is also ordered, adjudged and decreed that (other party's name) shall make all good faith efforts necessary to refinance or otherwise have (your name) removed from that mortgage/car loan or cause the property to be sold within 12 months from date of this order and proceeds properly divided between the two parties (you can state here how they should be divided, for example, 50-50 or 60-40)."

This means that if there are any credit accounts such as a mortgage, those cannot be changed unless the other person refinances that mortgage, so the court cannot order your removal from the mortgage or car loan as that is a contractual issue that the court cannot change.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90971
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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