If my ex wrote bad checks from our joint checking account but I had asked that the account be closed previous to this, am I responsible?

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If my ex wrote bad checks from our joint checking account but I had asked that the account be closed previous to this, am I responsible?

When I filed for divorce, I went to my bank and told them that I wanted to close out our joint account because my husband and I are going through a divorce and he had already stolen money and other things from me. They said he would have to be present in order to close the account even though we were in the process of a divorce. He took my checkbook and wrote numerous bad checks, putting me far in to the overdraft and now they are saying I am responsible for paying it off, even though I had asked them to close the account before it happened and they refused.

Asked on July 12, 2011 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately not.  Are you divorced yet?  What I am trying to find out is if the account was dealt with during the negotiations on the distribution of the marital property.  The status of the account when he wrote the checks.  Was there still joint fundsin the account? The bank can not close ana account without both of the parties present.  It is just the law that they have to follow.  They are not a party to your divorce and they have to teat you both equally.  And if it was a joint account then your husband did not "steal" the checks.  They were his to use.  They should be going after him as well.  Seek legal help in your area with a copy of your divorce papers and see if you can sue him.  Good luck.


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