Can I take my soon-to-be ex-spouse's name off our joint checking account? (2024)

FAQs

Can I take my soon-to-be ex-spouse's name off our joint checking account? ›

In Most States, Banks Do Not Let You Remove a Spouse Without Their Consent. The vast majority of banks do not allow account holders to remove a spouse from a joint checking account without their consent, though there are some exceptions, depending on your state and the nature of the account.

Once a person has agreed to become a joint owner or signer on a checking, savings, or credit card, they can't be removed from the account. If you want an account in your name only, you'll need to close the account and apply for a new one.

Can I do that? Generally, no. In most cases, either state law or the terms of the account provide that you usually cannot remove a person from a joint checking account without that person's consent, though some banks may offer accounts where they explicitly allow this type of removal.

Take care of your joint accounts

In some cases, your bank will need to speak to both you and your partner before they can remove someone from an account. If the other person is refusing to give authorisation, you could freeze the account.

Once you notify your spouse and the bank that you want to remove said spouse from a checking account, you'll be tasked with opening a new individual checking account in your name only and “transferring your share of funds from the joint account to your new account,” said Joseph Catanzaro, financial advisor at Oak & ...

Individuals who have no desire to remain attached to the account in question can typically be neutralized during the course of a brief bank-branch meeting. You'll need to appear with the appropriate individual at a branch of your bank. You'll both require two forms of legal identification.

While most banks won't let you remove the other joint account holder without their permission, many will allow you to remove yourself. Your bank can walk you through removing yourself from a joint bank account. You may need to submit a written request or go in person for a scheduled appointment.

Talk to a bank employee and let them know you want to take someone off your joint account. Complete and sign the form they give you. You'll just have to fill out basic info like the account number and the account holders' names and addresses. Some banks have this form available to download online.

In many cases, a judge overseeing divorce proceedings will award each member of a splitting couple 50% of what's in a joint bank account. There can be exceptions, but your best bet is to leave that money alone until you receive instructions on what to do with it.

Can I empty my bank account during divorce? ›

Once you file for divorce, the Automatic Orders rule goes into effect. It requires the parties to maintain the status quo concerning the family finances and children during the entire pendency of the divorce. That means you cannot empty your joint account unless your spouse consents or you get a court order first.

Key Takeaway: Do not remove any funds from a joint bank account before the divorce proceedings are complete. The judge may award your spouse with a larger portion of the community property resources if you acted in bad faith. A prenuptial agreement may affect the rights you have to your financial assets.

One of the most common ways that people hide money during a divorce is by transferring money into a savings account, directors loan account or another bank account that is not disclosed in the financial disclosure.

Before you file for divorce, you can generally withdraw from joint accounts. But once one spouse files, withdrawals from joint accounts are legally restricted unless you and your spouse agree to disburse funds otherwise.

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. The bank makes no distinction between money deposited by one person or the other, making a joint account useful for handling shared expenses.

If your ex-partner takes money from your joint account or runs up debt on your joint credit card without your permission, you may be able to sue them in court. However, it can be difficult to win these cases. You should consult with an attorney to discuss your legal options.

Basically, the account has to be “in credit” before you can change it to a single account. This means that you don't owe the bank any money through that account and that the balance is $0.00 or above.

In many cases, a judge overseeing divorce proceedings will award each member of a splitting couple 50% of what's in a joint bank account. There can be exceptions, but your best bet is to leave that money alone until you receive instructions on what to do with it.

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.