(a) During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.
(b) A beneficiary in an account having a POD designation does not have a right to sums on deposit during the lifetime of any party.
(c) An agent in an account with an agency designation does not have a beneficial right to sums on deposit.
(d) In this section, "net contribution" of a party means the sum of all deposits to an account made by or for the party, less all payments from the account made to or for the party that have not been paid to or applied to the use of another party and a proportionate share of any charges deducted from the account, plus a proportionate share of any interest or dividends earned, whether or not included in the current balance. The term includes deposit life insurance proceeds added to the account by reason of death of the party whose net contribution is in question.
Section: Previous 13.33.201 13.33.202 13.33.203 13.33.204 13.33.205 13.33.206 13.33.211 13.33.212 13.33.213 13.33.214 13.33.215 13.33.216 13.33.221 13.33.222 13.33.223 NextLast modified: November 15, 2016