Divorce is a turbulent time, and one of the most pressing concerns is financial security; especially when it comes to joint bank accounts. If you’re considering divorce or are already in the process in Texas, you might wonder: Can I take my spouse off our bank accounts or restrict their access? Here’s what you need to know.
Texas Law on Bank Account Access During Divorce
- Joint Accounts: In Texas, both spouses have equal legal access to joint bank accounts while the marriage is still legally intact. Either spouse can withdraw funds at any time, even after a divorce petition is filed, unless a court order says otherwise.
- Separate Accounts: Even if an account is in only one spouse’s name, the money in it may still be considered community property if it was earned during the marriage. This means it could be subject to division in the divorce.
- Standing Orders: Many Texas Counties issue standing orders when a divorce is filed. These orders prohibit either spouse from making large withdrawals, restricting access, or hiding funds. Both parties must preserve marital property and avoid reckless spending. The purpose of the standing orders is to maintain the status quo, such as paying for routine living expenses and legal fees.
What You Can and Cannot Do:
You Cannot:
- Unilaterally remove your spouse from a joint bank account without their consent or a court order. Banks typically require both account holders’ authorization to change ownership on joint accounts.
- Prevent your spouse from accessing or withdrawing funds from a joint account unless there’s a legal order in place.
You Can:
- Use Funds for Essentials: You can use marital funds for reasonable and necessary living expenses (such as rent, groceries, and utilities) or to pay your attorney, as allowed by standing orders.
- Consult Your Attorney: Always speak with your attorney before making any significant financial moves to ensure you remain in compliance with standing orders and court expectations.
- Request Court Intervention: If you believe your spouse may misuse marital funds, you can ask your attorney to seek a temporary restraining order or other court protection.
- Keep Detailed Records: Document all financial transactions and spending to demonstrate good faith and transparency during the divorce process.
What Happens If a Spouse Drains the Account?
If your spouse empties a joint account without justification, the court may consider this as misconduct. Here’s what can happen:
- The Judge can require your spouse to account for the missing funds during the property division process.
- The Judge can penalize the spouse who acted in bad faith by awarding a larger share of other assets to the affected spouse.
- You may file a reimbursement claim during the divorce process.
Steps to Protect Yourself
- Consult a Family Law Attorney: Get legal advice as soon as possible to protect your interests and understand your rights.
- Document Everything: Keep copies of all bank statements, account balances, and financial transactions before and during the divorce process.
- Act Quickly: If you suspect your spouse may misuse joint funds, speak to your attorney about your options.
Bottom Line:
While you can’t unilaterally restrict your spouse’s access to joint accounts in Texas, you have legal options to protect marital assets and prevent financial misconduct. Always consult with a qualified family law attorney to ensure you’re taking the right steps for your situation. The attorneys at Grinke Stewart Law are here to help you. Give us a call at (469) 598-2001.
