Can my wife take money out of my Bank Account

UPDATED: Sep 30, 2022

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Can my wife take money out of my Bank Account

My wife and I are going thru some trouble and she has taken money out of my bank account. She is on the account only so that if something happened to me she would have access. We both have separate accounts. Her pay checks go to her account and mine to my account. We only share one savings account that we both contribute to. She did take the money out of that account along with a savings account that only I contribute to. My question is can she legally take the money out of my savings account?

Asked on November 29, 2016 under Family Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If she is "on the account," then legally, yes, you can withdraw money from the account. Putting someone on an account gives them legal access to it and the money in it.
However, the amount of money contributed by you (e.g. your paycheck) whcih she took out of the accounts is something than be taken "account of" during a divorce, and may lead to adjustments in the distribution of assets, to reflect that she has already taken out some of your money. You should keep records of your contributions to the acccount and the amounts she takes out, for any eventual divorce. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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