Legal rights to tax refund in joint checking account

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Latest post 04-15-2010 11:35 PM by Drew. 7 replies.
  • 04-14-2010 11:22 AM

    • JLBAUSTON
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    • OH
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    Legal rights to tax refund in joint checking account

    My sons father(we have never been married ) cl... him on his taxes because it financially benefitted the family.  He was told it was an efile, looked over the paper work and signed. We have one joint checking account, I provided the routing info for the deposit of the refund check to the tax preparer. The father has since stopped payng all bills in the home and supporting the child and doesnt come home on the weekends and began withdrawing money regularly from the account ( most of which was mine from a real estate comm check- all is gone now). The child is only 8 months old. Since the checking account is in both of our names can I legally use the money from the refund when it hits the account to pay our bills even though the refund isnt mine. He claims he never agreed to filing this way even though he knew it was an e file. We live in cuyahoga county, ohio

  • 04-14-2010 11:37 AM In reply to

    Re: Legal rights to tax refund in joint checking account

    Once the money is in the account it's fair game. The first one to snag it wins.

    After that it would be a good idea not to use that account anymore. You don't need his consent to close it.

    He can gripe all he wants, but there's probably nothing he can do about it.

    Meantime, I suggest you contact the Ohio child support enforcement agency for assistance:

    http://jfs.ohio.gov/ocs/

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-14-2010 11:41 AM In reply to

    • JLBAUSTON
      Consumer
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    • Joined on 04-13-2010
    • OH
    • Posts 2

    Re: Legal rights to tax refund in joint checking account

    Thanks, a few more questions.

    1) can he close the account on his own if I was the first one on the account and later he added his name

    2) If he can close the account what will happen to the refund check then

  • 04-14-2010 11:56 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 48,237

    Re: Legal rights to tax refund in joint checking account

    I doubt he can close the account and he may not be able to take his name off of it --at best he could take his name off of it --ask the bank!



  • 04-14-2010 12:50 PM In reply to

    Re: Legal rights to tax refund in joint checking account

    JLBAUSTON:
    1) can he close the account on his own if I was the first one on the account and later he added his name

    Ask the bank.

    I think either party can close out a joint account.

    JLBAUSTON:
    2) If he can close the account what will happen to the refund check then

    Probably goes back to the IRS.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 04-14-2010 2:26 PM In reply to

    Re: Legal rights to tax refund in joint checking account

    JLBAUSTON:
    Since the checking account is in both of our names can I legally use the money from the refund when it hits the account to pay our bills even though the refund isnt mine.

    I disagree with the others on this one. While the bank will let you take the money from the bank account, and doing so likely won't be a crime, if the deal was that it's his money then he could sue you to get it back if you take it. Similarly, though, you can sue him for taking out funds that the two of you agreed belonged to you. It reallly comes down to what the deal was between you. At least claiming the funds would give you a leg up in the matter; you could set it aside until all the disputes were settled and you'd at least have it if you ultimately prevail.

  • 04-14-2010 2:28 PM In reply to

    Re: Legal rights to tax refund in joint checking account

    JLBAUSTON:
    1) can he close the account on his own if I was the first one on the account and later he added his name

    Depends on the rules used by that bank. Most banks will permit any of the joint bank account owners to close it.

    JLBAUSTON:
    2) If he can close the account what will happen to the refund check then

    If the account is closed before the refund is paid out, the IRS will likely issue a paper check to him instead.

  • 04-15-2010 11:35 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,237

    Re: Legal rights to tax refund in joint checking account

    I stand corrected--most banks will probably allow for a one person cancellation of account of joint account --even my old UCC stuff says so--but I gather some banks insist in own rules that both parties  do it .

    If he closes account before check gets there the check probably gets reissued on paper and sent to the names on return at address used for return,   of course what  you may want is to have account stay open and you be first to access account once check hits the bank? Don't give clues to him such that he rushes to close it out.



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