What to Do When Your Spouse Drains the Joint Account Before Filing for Divorce

Few things are more shocking than discovering your spouse has emptied your joint bank account—especially if you’re blindsided by it right before a divorce. This kind of financial move in California is not just upsetting; it may also violate family law. If you’re facing this situation, it’s critical to understand your legal options and take swift action to protect your interests.

At Land Legal Group, our family law attorneys work with individuals in Los Angeles who are dealing with financial misconduct during divorce. Here’s what you need to know if your spouse drained your joint account before—or during—the filing process.

California Is a Community Property State

California follows community property law, which means that any income, assets, or debts acquired during the marriage are generally considered equally owned by both spouses. That includes joint bank accounts, even if only one spouse contributed more to them or initiated the transactions.

When one spouse drains a joint account without the other’s consent, especially in anticipation of a divorce, courts may view it as a violation of fiduciary duty—a legal obligation both spouses owe to act in good faith toward one another during the marriage.

What Courts Look for in Financial Misconduct

Judges in Los Angeles and across California are highly attuned to situations where one spouse tries to gain a financial advantage by moving or hiding money before divorce proceedings begin.

Common red flags include:

• Emptying a checking or savings account.
• Transferring funds to a separate or undisclosed account.
• Large, unexplained purchases or withdrawals.
• Giving “gifts” or loans to friends or family members to avoid asset division.

When such actions are discovered, the court can take corrective measures, including ordering repayment, awarding the wronged spouse a larger share of remaining assets, or sanctioning the offending party.

What You Should Do Immediately

If you suspect or know that your spouse has drained the joint account, take the following steps as soon as possible:

• Gather documentation: Print bank statements, transfer confirmations, and any suspicious transactions.
• Consult with a family law attorney: You’ll need legal guidance immediately to protect your rights and prepare for court intervention.
• File for divorce and request temporary orders: The court can issue immediate restraining orders to freeze accounts, prevent further transfers, and protect your financial stability.
• Request an accounting of marital assets: Through the discovery process, your attorney can compel your spouse to disclose where the funds went—and recover what’s rightfully yours.

Acting quickly can prevent further financial harm and preserve your legal standing.

Let Land Legal Group Protect Your Financial Future

At Land Legal Group, we’ve seen all types of financial misconduct during divorce, including hidden assets, unauthorized withdrawals, and attempts to manipulate marital property. Our experienced Los Angeles family law attorneys know how to hold the offending spouse accountable and fight for a fair property division.

If your spouse drained your joint account or you suspect financial wrongdoing, contact us today for a confidential consultation. We’ll help you act fast, understand your legal options, and protect what you’ve earned.