claire1224 said:
But wait, now I'm confused again. I told a good friend about it who has worked in a bank for ten years. She told me that worked in a branch that prosecuted people who did stuff like this. She said that if you are not vested on the account it doesn't matter if you're married or not, he and only he owns that account. She said the don't look at marriage or community property and that it is a federal crime and they do prosecute for this.
Please please tell me that she doesn't know what she's talking about. Now I'm really freaking out.
My response:
First of all, your "friend" is not an attorney. I am. Second, there may have been other facts in those situations she mentioned; for example, did your friend tell you whether the "offender" was "legally separated"? Third, she doesn't know what she's talking about. Federal law follows State law where the act took place, and if State law says you have "implied" authority, then Federal law can do nothing.
Ask your friend for ALL the facts, if she knows them. But, from your facts, how would the bank be able to dispute or question whether or not you had authority? Spouse give "actual" and "implied" authority to their "better halves" each and every day - - IN COMMUNITY PROPERTY STATES.
My wife and I go in and out of each other's accounts ALL THE DAMN TIME!
IAAL