What are a joint account owner’s rights to their bank account?

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What are a joint account owner’s rights to their bank account?

My dad and I have a joint account. We set this account up when I was a minor about 16 years old. I am now 19 years old and he won’t give me the account. All the money in the account belongs to me. None of money in the account is his. My dad has social security, and they were giving me money to because I was still a minor. I don’t receive anymore social security because I’m now an adult. Also I receive a ROTC stipend from college and that goes into the account also. None of that money is his. He is basically trying to control me. I keep asking him to put the account in my name and let me have control, but he won’t do it. The bank couldn’t do anything to help either. Also I ask for the password for the account and he won’t give it to me

Asked on September 1, 2011 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In most situations where there are joint accounts and the parties are adults, one or the other can pull the money out of the account. Apparently there is some requirement in place prohibiting you from pulling money out of this account placed by your father.

For starters, you should open up another bank account in your own name and have all monies such as the ROTC stipend go to the new bank account that you set up instead of the account where you cannot draw from.

If the joint account is eesentially yours and not your father's you need to either obtain an agreement from him voluntarily to allow you to draw from it or bring a legal action against your father for a court order to allow you to draw from the account.

I caution you about doing the latter in that there could be some serious fallout as a result.

Good luck.


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