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Can I stop my husband/wife from using the joint bank account?

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Joint bank accounts are often seen as a convenient way for married couples to manage their finances together. They allow both partners to deposit, withdraw, and manage money on an equal footing. However, this shared access can lead to complications, particularly if there are disputes over spending or if the relationship deteriorates. This article explores the legal framework surrounding joint bank accounts and outlines the options available to a spouse seeking to control or restrict access.

Understanding joint bank accounts

Joint bank accounts are held in the names of two or more people, typically spouses or partners. Legally, any person named on the account can withdraw or deposit money without the consent of the other account holders. This means that either spouse can access all the funds in the account, regardless of who deposited the money. This shared access can become problematic if one spouse begins withdrawing large sums without the other’s agreement.

Stopping a spouse from using the joint account

During Marriage

While the marriage is still ongoing, stopping a spouse from using the joint account is challenging. Since both parties have equal rights to the account, one spouse cannot unilaterally block the other from accessing it. However, there are a few strategies that can be considered:

  • The first step should always be an attempt to reach an understanding or agreement on the use of the joint account. This might involve setting mutually agreed spending limits or guidelines.
  • Some banks offer an option where both parties must agree before large withdrawals or transfers can be made. If the account is not already set up in this way, the couple would need to jointly request this change.
  • If financial disagreements persist, one solution might be to move funds to separate personal accounts, leaving only a limited amount in the joint account for shared expenses.

During Divorce

Once divorce proceedings begin, the financial dynamics change. Steps a spouse can take to control access to joint funds include the following:

  • Either party can request that the bank freeze the joint account. This means neither spouse can withdraw or transfer funds at all and prevents both parties from using the account until the divorce settlement is finalised. This is often an emergency solution used to prevent the dissipation of assets during the divorce.
  • A spouse can apply to the court for an order to protect assets, including joint accounts. For example, a “freezing injunction” can prevent the other spouse from accessing or depleting the funds until a fair division is agreed upon or ordered by the court.
  • During divorce proceedings, a financial consent order can specify how joint assets, including joint bank accounts, should be handled. Once approved by the court, this becomes legally binding.

Post-Divorce

After the divorce is finalised, the legal status of joint accounts should be addressed. Continuing to share a joint account post-divorce can lead to complications. Here are our suggestions on how to manage it:

  • The simplest solution is for both parties to agree to close the joint account and divide the funds according to the divorce settlement.
  • Alternatively, one spouse can be removed from the account, provided both parties consent and the bank allows it.
  • If one party does not comply with the financial agreement made during the divorce, the other can go back to court to enforce the settlement.

How can I control spending in a joint account?

While married or during separation, a spouse has limited direct power to control the other’s spending from a joint account. However, the following measures can help:

  • Couples can agree on specific limits or guidelines for spending from the joint account. For example, they can agree that any expenditure over a certain amount must be discussed.
  • Each spouse can maintain separate accounts for personal spending, with the joint account reserved for shared expenses like bills, mortgage payments, and groceries.
  • Regularly reviewing bank statements and keeping a record of agreed expenses can help in tracking and managing spending. This can also provide evidence if disputes arise.

What are the legal options to recover money?

If a spouse has misused a joint account, there may be legal options to recover funds, although as stated above, the nature of a joint bank account means that both parties can withdraw funds as and when they please regardless of who deposited them.

  • The first step should be to try to resolve the issue through negotiation or mediation. This can avoid the time and expense of going to court.
  • If a spouse has withdrawn money without permission for an illegitimate expense whilst going through a divorce, the other can make a claim for their share of the misused funds or ask the court to off-set another asset to the value of the missing funds. However, all the circumstances of the case will be looked at, so there is no guarantee the funds will be apportioned in the way you want.
  • During divorce proceedings, the court can make orders for the recovery or redistribution of funds that were improperly taken from joint accounts.

Can missing money be retrieved?

Retrieving money that a spouse has withdrawn from a joint account can be difficult, especially if the funds have already been spent. However, under certain circumstances, it may be possible:

  • If the withdrawn money was used to purchase assets (e.g., property or investments), it may be possible to trace and recover these assets through court orders.
  • If one spouse has spent a disproportionate amount of joint funds, the court can take this into account when making financial orders during a divorce, potentially awarding a larger share of other assets to the disadvantaged spouse.
  • In extreme cases, if one spouse has acted fraudulently or deceptively, the other may be able to take legal action to recover losses.

While stopping a spouse from using a joint account can be challenging, especially during marriage, there are legal options available during separation and divorce. Freezing the account, seeking court orders, and negotiating fair settlements can provide some control and protection over joint funds. It is always advisable to seek legal advice early to understand your rights and options in these complex situations.


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