Royal Oak, MI asked in Business Law and Contracts for Michigan

Q: Is spending from joint account considered stealing in marriage?

I have a debit card in my name and am on the checks for a joint account that is technically in my husband's name. Although mostly his paycheck goes into the account, we might have added some mutual money as well. We are not separated or going through a divorce. My husband claims that if I spend money from this account, it would be considered stealing. Is this correct?

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1 Lawyer Answer

A: No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call "stealing", but I do not believe that it would be a crime because under banking law, it is your money.

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