Garnishment of a joint account: how the partner is protected

With a joint account (often an 'or' account) a garnishment against one holder can seize the entire balance, including the share of the other. This is delicate, because a P-account is only possible as an individual account. It is important to structure the account correctly and protect the share of the unaffected partner.

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Your chances of getting your money back

With the garnishment of an 'or' account over the debts of one holder, the entire balance can initially be blocked, including the share of the other partner. A P-account can only be run as an individual account.

The unaffected partner can assert and protect their share. It makes sense to dissolve the joint account or convert it into individual accounts and set up your own P-account.

What you should do now

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1. Clarify the account type
Check whether it is an 'or' or an 'and' account, this affects how the garnishment works.
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2. Secure the shares
The unaffected partner should document and assert their share of the balance to have it released.
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3. Separate the accounts
Convert the joint account into individual accounts if possible; the affected partner sets up their own P-account.
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4. Clarify with the bank
Talk to the bank about releasing the outside share and about future seizure protection.

How to spot the scam

The entire balance of an 'or' account is blocked over the debts of only one partner.
There is no P-account because the joint account was not converted.
The share of the unaffected partner is not released.

Frequently asked questions

Can a joint account be garnished over the debts of one partner?

With an 'or' account, the garnishment against one holder can initially seize the entire balance, including the share of the other. The unaffected partner must then separately assert their share to have it released.

Does a P-account protect a joint account?

No. A seizure-protection account (P-account) can only be run as an individual account. In case of imminent garnishment, you should convert the joint account into individual accounts and the affected partner should set up their own P-account.

How do I protect the partner's share?

The unaffected partner should document their share of the balance to the bank and creditor and demand its release. In the medium to long term, separation into individual accounts is the safest way to protect the share.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.