Burbank, CA asked in Banking for California

Q: If someones married but separated, one them connects their bank account with the other without the other knowing and

Cleans their account out within a weeks Time. Is that legal? Even though the one is saying that the other is saying that they said it was OK to join account even though it’s a lie

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1 Lawyer Answer

Bruce Alexander Minnick

Answered
  • Business Law Lawyer
  • Tallahassee, FL

A: Bank fraud is NEVER "legal" even if it perpetrated by the spouse of the person injured by the fraudulent acts. Now before you come back and ask if the bank can be held liable for the fraud committed by a married customer, the answer is no. However, upon proper proof the bank could possibly be held liable in a suit for gross negligence. The only believable defense that could be raised is based on the fact that California is a "community property" state which gave the bank no reason to suspect wrong-doing on the part of the spouse.

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