Many Texans are shocked to discover that during a separation or divorce, a spouse may suddenly withdraw all the money from a shared bank account. This raises an important legal question:
Can a spouse legally empty a joint bank account in Texas?
The short answer is: sometimes yes—but doing so can still have serious legal consequences. Texas community property law gives spouses broad access to joint funds, but it does not give unlimited permission to misuse them.
Here’s what Texas law actually says.
How Joint Bank Accounts Work in Texas
Most married couples in Texas use joint bank accounts for:
- Paychecks
- Household expenses
- Savings
- Emergency funds
When both spouses are listed on an account, each typically has full access to withdraw money at any time under banking rules.
From the bank’s perspective, either spouse can usually:
- Withdraw funds
- Transfer money
- Close the account
However, banking authority is not the same as legal ownership under Texas family law.
Texas Is a Community Property State
Texas follows community property rules.
Under Texas Family Code § 3.002, most property acquired during marriage is presumed to be community property:
“Community property consists of the property, other than separate property, acquired by either spouse during marriage.”
This includes:
- Wages
- Business income
- Investment earnings
- Funds deposited into joint accounts
So even if one spouse withdraws all the money, half of it usually still belongs to the other spouse.
Is It Legal to Empty a Joint Account in Texas?
✔️ From the Bank’s Perspective: Usually Yes
If your name is on the account, the bank will generally allow you to withdraw the funds.
The bank is not responsible for enforcing divorce or property laws.
⚠️ From the Court’s Perspective: Often No
While a spouse may be able to access the money, Texas courts may treat improper withdrawals as:
- Waste of community property
- Fraud on the community
- Breach of fiduciary duty
Under Texas Family Code § 7.009, courts may compensate a spouse when the other has improperly disposed of community property.
What Is “Fraud on the Community”?
“Fraud on the community” occurs when one spouse unfairly deprives the other of community assets.
Common examples include:
- Draining accounts before divorce
- Hiding money
- Transferring funds to relatives
- Spending on affairs
- Gambling losses
- Secret accounts
Texas courts recognize this doctrine in Texas Family Code § 7.009(b).
If proven, the judge can:
- Reallocate property
- Award a larger share to the victim spouse
- Impose money judgments
Does It Matter When the Money Is Taken?
Yes—timing matters.
Before Filing for Divorce
If no divorce is pending, courts are more cautious, but improper withdrawals may still be punished later.
Judges look at:
- Intent
- Pattern of behavior
- Purpose of the withdrawal
After Filing for Divorce
Once a case is filed, many courts issue temporary restraining orders (TROs) prohibiting:
- Draining accounts
- Transferring assets
- Concealing funds
Violating a TRO can result in:
- Contempt of court
- Sanctions
- Attorney’s fees
- Property penalties
See Texas Family Code § 6.501.
What About Separate Property?
Not all money belongs to both spouses.
Under Texas Family Code § 3.001, separate property includes:
- Property owned before marriage
- Inheritances
- Gifts
- Personal injury recoveries (excluding wages)
If one spouse can prove funds were separate property, they may be entitled to reimbursement.
However, mixing separate funds into joint accounts can create serious tracing problems.
Can a Court Make a Spouse Pay the Money Back?
Yes.
Texas courts have broad authority under Texas Family Code § 7.001 to divide marital property in a “just and right” manner.
This may include:
- Awarding extra assets to the wronged spouse
- Ordering reimbursement
- Imposing money judgments
- Offsetting retirement accounts
- Awarding attorney’s fees
Judges do not reward financial misconduct.
What If the Money Was Used for Bills?
Not all withdrawals are improper.
Using joint funds for legitimate purposes may be allowed, such as:
- Mortgage payments
- Rent
- Utilities
- Child expenses
- Medical bills
- Groceries
Courts focus on whether the spending was reasonable and in good faith.
What Should You Do If Your Spouse Drains the Account?
1. Gather Records Immediately
Save:
- Bank statements
- Screenshots
- Transfer confirmations
- Deposit records
2. Speak With a Lawyer Quickly
Delays can weaken your case.
An attorney can help you seek:
- Temporary orders
- Account freezes
- Reimbursement claims
3. Consider Opening a Separate Account
If separation is likely, protecting future income is often critical.
Can You Prevent This from Happening?
Yes, in many cases.
Once divorce is filed, courts can issue orders to:
- Freeze accounts
- Restrict withdrawals
- Require dual signatures
- Preserve assets
Early legal action is key.
Frequently Asked Questions
Can my spouse take all the money and disappear?
They may temporarily access it—but courts can hold them financially responsible.
Is this theft?
Usually not criminal theft, but it may be civil wrongdoing.
What if the account is only in their name?
Funds earned during marriage may still be community property, even if held individually.
Does adultery matter?
Spending community funds on an affair can support fraud claims.
When Should You Contact a Texas Family Law Attorney?
You should seek legal advice if:
- Large sums were withdrawn
- Assets are missing
- A divorce is pending
- You suspect hiding or transfers
- You received court papers
Early intervention often saves thousands of dollars.
Final Thoughts
In Texas, a spouse may be able to withdraw money from a joint account—but that does not mean they get to keep it.
Improperly draining marital funds can lead to:
- Court penalties
- Unequal property division
- Money judgments
- Long-term financial damage
If you are facing this situation, getting legal guidance early can make all the difference.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
