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Tuesday, February 15, 2011

Disadvantages of Having a Joint Checking Account

Disadvantages of having a joint checking account revolve around 1) legal and regulatory management of the account, 2) account usage complications, 3) the type of checking account contract, and 4) the type of checking account.

Understanding the potential disadvantages of joint checking accounts involves foresight into how and why the account is necessary and whether or not the regulation, contract and use of such is favorable to all account holders. Several potential factors regarding joint checking accounts may present a disadvantage for joint checking account holders.

• Funds may still be subject to garnishment

The legal disadvantages of having a joint checking account pertains to the treatment of money within the account under specific circumstances such as death, withdrawal, transfer of funds, closing of account etc. Each checking account is subject to State and Federal regulations, and contractual terms between the owners and the financial institution at which the account is held. Depending on the circumstances, rules governing the use of the joint checking account may be disadvantageous. For example, different States have different classification of ownership which can affect whether or not funds within a joint checking account can be garnished.



• Wrong type of account contract

Disadvantages of having a joint checking account may also relate to the type of account contract. These contract may be either joint tenancy, tenancy in common or tenancy in common with rights of survivorship. This distinction determines how many joint account holders exist and what authority those account holders have in relation to the account(s) and the funds within it. If a checking account is designated tenancy in common only can affect whether or not money within a checking account automatically become the property of the second owner. In such case, joint tenancy can be a disadvantage if the other account holder passes away and the account does not have rights of survivorship.

• Differences in authorizations afforded to account holders

Being fully aware of account holder authorizations is helpful in preventing potential disadvantage related to such. Account holder status can affect access to information and the ability to make decisions regarding the account. In cases where a joint checking account consists of both a primary and secondary account holder, further disadvantage may arise for the secondary account holder. This is because secondary account holders are not necessarily granted the same usage rights of the account even though the funds may be jointly owned.

• Weak agreement between account holders

Usage disadvantages of having a joint checking accounts varies between account holders, the importance of the money in the account, how the account is managed and how effective the agreement between account holders, if any, is. In other words, although joint checking accounts are not necessarily disadvantageous, the potential disadvantages of the account increase if an agreement regarding the accounts management does not exist between the owners.

• Misuse of privileges within the account

In addition to the categories of joint accounts described above are the different account designations and how they are made use of i.e. type of account rather than type of contract. To illustrate further, suppose a married couple holds a joint checking account as joint tenants with rights of survivorship but later get separated. In such case the agreement between the account holders may change and not be as anticipated. This may cause misuse and/or unanticipated or agreed upon use of the account without further agreement between the account holders. In other words, situations can change in which case the account holders are vulnerable to abuse of agreement.

Joint checking accounts aren't always a bad idea, but do have the potential to be disadvantageous. This is because when two or more people are involved with a checking account, the number of requirements, restrictions, actions and abuses can increase. In light of this, taking into account the disadvantages of having a joint checking account can be beneficial in determining if this type of account is useful, and in being cognizant and preventing possible disadvantages associated with the account.

More specifically, disadvantages of having a joint checking account can pertain to account holder rights and authorizations, rules and regulations regarding the account and funds within it and the contractual terms and designation of the account, financial institution and account holders.

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