Can your soon-to-be ex clear out your shared bank account?

2017-09-28 10:59 pm
My friend is worried that if his wife finds out he's planning on leaving, she will take all the money from their account. Can she legally do this? Doesn't the bank need permission from the other spouse to do that?

回答 (24)

2017-09-28 11:29 pm
A joint account means both people have full access, so either can 'clear out' the account if they want to. That doesn't mean that during the divorce process the judge wouldn't require the person who 'cleared out" the account, to return a portion of that money to the other party. If there wasn't much in the account, it may not be worth fighting over. Your friend should speak to his attorney.

"Doesn't the bank need permission from the other spouse to do that?" - No, otherwise it wouldn't be a "shared" account. What's the point of having a "shared" account if one person needs the other person's permission every time they wanted to move money out of the account?
2017-09-28 11:20 pm
Yes, she can take all the money in the shared account and run up credit cards, and he can spend $1000's on legal fees in court to try to get it back. Even though you would win in court if she did this, you do not want to put yourself in a situation where she owes you money, since collecting that money is not always easy.

If he really thinks things are that bad, he should take half the money, cancel joint credit cards and start his own checking account while he still can.
2017-09-29 12:49 am
Take half out, she's entitled to the other half anyway
2017-09-30 4:27 am
Joint account she can clear out; she leaves a dollar if she doesn't want to go through the trouble of officially closing it. Happens all the time.
2017-09-28 11:22 pm
If it is a joint account, either owner may withdraw from it or close it as s/he wishes.
2017-09-28 11:05 pm
If someone is planning on leaving then they should take exactly half of the shared money before they leave/announce that they are leaving.

If he's seriously thinking of leaving her, then he'd do well to first consult a lawyer and get his legal ducks in a row before he tells the wife that he's done with the marriage.

It'd also be wise for him to make photocopies/scans of all of the important paperwork - marriage certificate, deed to the house, home/life/car insurance papers, wills, his passport and other IDs, car registration and driver's license, etc. - that way if she hides or destroys it out of vengeance, he's still got something to fall back on.
2017-09-28 11:03 pm
"Shared" means either party can access the money at any time presuming there is no other legal impediment.

Your friend needs to get a lawyer, follow his/her instructions and then serve his wife with the appropriate legal separation/divorce papers before he lets the cat out of the bag.
2017-10-02 1:38 am
See "and" - "or" above.
2017-09-30 2:29 am
It happens all the time and is perfectly legal. However, it is not a good idea because it could prejudice the divorce proceedings on the part of the spouse who 'cleaned out'.
2017-09-29 5:28 am
He can close it at any time. Your friend has every reason to be concerned. He should open an account in his name and start putting his money into it. That way, if there's no breakup, the money is still in the family, and if there is a split, his money is unavailable to her.
2017-09-30 3:44 am
Yes she can unless the account has an and not or. that'ts right "and" not "or" People sometimes set up an account to be Jane and John which means both have to be there If you don't designate "and" then either can access the account without the other present.

The only recourse is at the divorce the judge can order her to pay him back or forfeit the amount in an other way. Like splitting the other assets profit from house sale or car sale. Tell him to call all the credit card companies and lock the accounts or drop the amount available to what ever the balance on the card is.

This is important. Tell him to go to his employer and change his deductions to married 10. YES married 10 or even more married 20.They will take out minium money . Tell him to get the extra amount of money in his paycheck and hide the cash with someone he can trust. Come tax filing they will both owe the Govt. she won't get half of the return because there won't be a return. They will both owe the IRS and he can use the cash to pay his half with money he got from claiming married 20

This is not illegal. The govt. does not care how many you claim. during the year as long as they get the taxes on the money you earned during the filing year.
2017-10-04 4:30 am
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2017-10-04 12:20 am
Not unless his name is on it
2017-10-01 5:16 am
All sorts of unusual things happen during things like this.........most important is both be honest with each other instead.......
Shame you know about your friend and he gives his wife no clue.......sad to the core.
I just pray both handle this with good intentions for each other's peace of mind and being cared for until other plans can be worked out.
2017-09-30 7:31 pm
One alternative is to take HALF the money and put it into a separate account. EITHER party removing funds within 12 months of a Divorce application has to make clear WHERE the funds went and WHY. Then the courts could allocate the other party an EQUAL value of the share in other assets to make up for the missing monies. Same for any assets "sold" (even if sold under valued) or given away immediately prior to this process, especially to family members or friends. So giving control of assets to family members at this time might still be "marital assets" by the courts and the REAL value added to the other's share.
2017-09-30 9:22 am
Legally, no. Literally, yes.
2017-09-29 2:47 pm
if a joint account she can, my ex went from her lawyer to the bank and emptied our savings account which had about 3-4 months pay in it
the courts said she was allowed to do that because we were married and would not adjust that money for the division of assets
2017-09-29 6:13 am
Yes
2017-09-29 5:23 am
Only if the account needs two signatures...best to remove her half now and open a single account.
2017-10-01 9:52 pm
no doubt its a yes if he is a loser type of guy.
2017-09-29 11:57 pm
Only if there is a legal stipulation then it is a two way highway here.
2017-09-29 10:03 pm
If the account is shared, both people have unfettered access to the funds. How two grown man can be so ignorant is beyond my comprehension.
2017-09-28 11:04 pm
Is the bank going to stop it? No. Can she legally do it? No. That is communal property and she would end in the very negative eyes of the judge ruling on the divorce.
2017-09-30 1:58 am
No ,my sister got half abd he got half

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