Bank accounts: can I withdraw all the money in joint account (2024)

Bank accounts: can I withdraw all the money in joint account (1)

I put my boyfriend's name on my checking account, and he deposited his income tax refund in that account. A week later, he left me for another relationship. I withdrew all the money from the account before he could and wonder whether he has any rights in getting any of the money back.

Either party may withdraw all the money from a joint account. The other party may sue in small claims court to get some money back. The amount awarded can vary, depending on issues such as whether joint bills were paid from the account or how much each party contributed to the account.

The judge may also decide the case based upon how much money is at issue. If it was $5,000, for example, the judge might weigh that clearly the person who put the money in there was not intending for the other person to have it all. On the other hand, if it’s only a couple hundred dollars withdrawn, the judge may weigh that the parties chose to establish a joint account intentionally and that either party can withdraw any amount they choose. The other party then would have to argue that the court should determine that the money is subject to a constructive trust — that it’s really there for the benefit of the person who deposited the money.

Putting money in a joint account with someone who is not a spouse does give control over your money to someone else and getting it back can be difficult. (In a spousal situation the divorce court can look at situations where one spouse takes off with all the assets in an account as part of the whole divorce settlement.)

Bank accounts: can I withdraw all the money in joint account (2)Article by Tony Gingrasso, La Crosse attorney with Johns, Flaherty & Collins, SC. To reach a lawyer in the La Crosse area, call himat 608-784-5678.

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Bank accounts: can I withdraw all the money in joint account (2024)

FAQs

Bank accounts: can I withdraw all the money in joint account? ›

All joint bank accounts have two or more owners. Each owner has the full right to withdraw, deposit, and otherwise manage the account's funds.

Can one person withdraw all money from a joint account? ›

Each account owner can get a debit card, write checks and make purchases. Both account holders can also add funds or withdraw them from the account. The money in joint accounts belongs to both owners. Either person can withdraw or spend the money at will — even if they weren't the one to deposit the funds.

Can a spouse remove all the money out of a joint account? ›

Many married couples have joint bank accounts. Each spouse has the right to make deposits into the account, and, each spouse has the right to withdraw from the account any amount up to the total balance.

Can you withdraw cash from a joint account? ›

Everyone named on the account is equally responsible and can withdraw cash or spend whenever they like.

Is it illegal for one partner in a business to take all money in a joint checking account? ›

And, each partner owns 100% of the business. Each partner doesn't own half. As long as they are partners, they, together, own 100% of the business. That means a partner can take money—all the money if they want to.

What are the rules for joint bank accounts? ›

Following are the Joint Bank Account Rules in India per the account mode. Joint: All transactions in the account must be approved and signed by all the account holders. If any one of the account holders dies, the account will be deemed inoperable, and the bank will pass on the balance in the account to the survivor.

What are the disadvantages of a joint account? ›

Drawbacks:
  • Shared Responsibility: Joint accounts require a high level of trust and financial responsibility. ...
  • Ownership and Liability: Both account holders are equally liable for any overdrafts, debts, or liabilities associated with the account. ...
  • Privacy Concerns: Joint accounts lack privacy.
Sep 27, 2023

Can you empty a joint bank account before divorce? ›

That means you cannot empty your joint account unless your spouse consents or you get a court order first. If you are considering divorce, it's important to prepare financially. Our attorneys can advise you regarding what information you need to gather and how to address your fears of having no funds.

Should I empty my bank account before divorce? ›

If it says so in the prenuptial agreement. If there is no prenuptial agreement or if the agreement is silent on the issue, you can still withdraw the funds so long the bank account is classified as your “separate property.” Under any other circ*mstances, you can, but should not, withdraw all the funds.

Why are joint bank accounts bad? ›

Cons of joint bank accounts

If one holder lets debts go unpaid, creditors can go after money in the joint account. Both holders can see transactions in the account, which can present privacy issues.

Does a joint account need both signatures to withdraw money? ›

Bank accounts held jointly between two parties may be titled with an "and" or an "or" between the account holders' names. If the account is listed as an "and" account, then both/all parties must sign to access the funds. If it is an "or" account, only one party must sign.

Who is the primary account holder on a joint account? ›

Primary account holders are legally responsible for the account. Primary account holders can name others as "authorized users" on the account, but they remain responsible for it. Joint account holders share responsibility for that account and both are considered primary account holders.

Does a will override a joint bank account? ›

A joint account generally passes outside of the will because it is considered to be a non-probate asset meaning it passes directly to the surviving owner rather than through the will.

Can a poa withdraw money from a joint bank account? ›

Each person on the account has the legal authority to use the entire account balance for any reason. In contrast, a person holding a power of attorney also has access to the grantor's bank account, but he or she is legally required to use those funds for the benefit of the grantor.

Who pays taxes on a joint account? ›

Who Pays Taxes on Interest From a Joint Bank Account? If you have a joint account, you both may have to pay taxes on a portion of the interest income. However, the bank will only send one 1099-INT tax form. You can ask the bank who will receive the form because that person has to list the income on their tax return.

Can one person remove themselves from a joint bank account? ›

Generally, no. Banks require that both account holders consent to closing the account. It may be possible in some cases for one account holder to remove themselves from the account, though, without the explicit consent of both parties.

References

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