If my wife and I have a joint account and a student check was deposited into our joint account, am I also entitled to the funds?

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If my wife and I have a joint account and a student check was deposited into our joint account, am I also entitled to the funds?

We are currently on separation status and still have a joint account with both our names on it. She recently had a student check deposited and began spending it. I recently took some of the funds out of the account and she now threatens to take me to court because she says its against the law for me to take the funds out since they were hers. Am I in the wrong?

Asked on April 4, 2012 under Family Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you and your wife have a joint account and money was deposited within it, you and she are entitled to the funds from this account absent the terms of any court order with respect to your legal separation.

If the check deposited was really for your wife, I suggest that you let her have the entire amount deposited unless some portion of it is actually your money. You are entitled to take the money out of the joint account if you are named on the account as an owner.


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