Yahoo Finance Can You Remove Your Spouse From Your Joint Checking Account?
First comes love, then comes marriage, then, often, comes a joint checking account.
It’s not very romantic, but it is a common situation in married life. Spouses often not only unite themselves in love, but also in money, and lean toward blending financial assets.
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But things don’t always work out, and, of course, money problems are one of the most common factors driving divorce. Perhaps you’re in a troubled phase in your marriage, or perhaps you’re just simply curious: Can you remove your spouse from your joint checking account? What might that entail and how can you go about it?
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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.
Still, you should factor in that if you want to remove your spouse from your joint checking account, they’re almost certainly going to have to sign off on it.
Notify Your Spouse and Your Bank; Fill Out Necessary Forms
Nine out of 10 times you’ll need to let your spouse know that you’re essentially booting them out of your joint account. From there, you’ll proceed to close the account entirely.
“After confirming that there are no legal restrictions, a spouse should then contact their bank to learn about the specific steps needed to close a joint bank account,” said Athar A. Khan, a certified family law specialist attorney at Law Office of Athar A. Khan, APC.
“Typically, banks require a form to be completed, and it usually requires the signatures of both account holders,” Khan said. “Sometimes, if one spouse is uncooperative, or in the context of a domestic abuse situation, acquiring a court order can become necessary.”
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Proceed With Opening a New Checking Account in Your Name Only
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 & Stone Capital Advisors.
“To close your old joint checking account, contact your bank to find out their procedures for removing an account holder,” Catanzaro said. “Follow their required process which may need both spouses’ consent.”
When To Remove Your Spouse From Your Checking Account
Is your spouse spending chaotically? Are they racking up debts or moving tons of money out of the account? These are reasons to consider embarking on the quest to oust a spouse and close your joint checking account.
A spouse might want to take action in court and create an account in their name only to protect assets if they are concerned the other person could take all the funds from the account, spend them, or move them where they would be inaccessible,” said Raiford Dalton Palmer, managing shareholder at STG Divorce Law and author of the bestselling book, “I Just Want This Done.” He added, “Or they might use the funds to pay a debt — one that the first party might be unaware of or maybe a non-marital debt (gambling, buying a gift for a paramour, etc.).”
Taking action to prevent reckless borrowing or spending by your spouse with a court order, or by opening a new private checking account in your name only is fitting in these cases, and you should always consider this route if you have reason for concern.
“We’ve seen too many situations where the other person ‘cleans out’ the bank account, leaving someone ‘high and dry’ without many options to pay for expenses,” Palmer said.
It’s Best To Talk With a Divorce Attorney
If you’ve reached a point where you’re even thinking about removing a spouse from a joint checking account, your marital situation is probably not in a good space and it’s advisable to consult with a divorce attorney.
Not only can they help you get this and any other important concerns addressed right away, they can help ensure that you don’t make any legal missteps.
“To carry out these steps effectively, it is advisable to consult with a divorce attorney who can guide you through the legal aspects and ensure that your actions comply with [state] divorce laws and that you don’t take any action that could come back to bite you later — which is highly possible in this scenario,” said Holly J. Moore, divorce attorney at Moore Family Law Group.
Depending on your relationship with your spouse, you may also want a lawyer to inform them in the first place that you are seeking to remove them from your shared account.
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