Bad Checks Drawn by Spouse from Joint Account

[tomwca]

My question involves marriage law for the State of: California.

My wife of 10 years has what she calls an addiction to writing bad checks. I don't know how valid such a statement is, but that isn't why I'm posting, either. The offenses have been so repetitive and severe that she has been in and out of jail for this and related crimes three or four times. She actually has a warrant in another county that I'm aware of for violating probation by writing yet another bad check. Anyway, this is my problem:

When we were first married we, as I believe is typical for freshly married couples who have no idea the other will soon financially ruin them, went and opened a joint bank account. She has spent the entire time we've been married racking up bounced checks on our account, which again, we share jointly.

Why I'm posting is this: I really, really, really would like to have my own bank account, without her on it. Usually I believe that's as simple as going and opening one. But due to her bad checks being on our joint account, I'm not allowed to open one anywhere - just like she isn't - due to that bad banking record.

Is there any way around this? It's worth noting that she does not work, has no income, so all of the money is my income. This is why I want my own account. I can't continue to see my income disappear in days, to have my account drop needlessly into negatives every other week, or struggle to pay bills I make more than enough to cover. I need control of my own money and to put into an account she has no access to. But banks won't give me an account with them because of the record of our joint one.

What can I do about this, if anything?

Thank you.

[jk]

think of it this way:

why would a business (the bank) risk their money by allowing you to open an account? While you can argue your wife is the one writing bad checks, what the banks see is that somebody is writing bad checks on your account. They do not know who it was, just that it is on your account.


About all you can do is keep shopping around to try to find a bank that will allow you to open an account. I understand Woodforest Bank, found inside the Walmarts, allows many people that wouldn't otherwise be able to open an account to open an account with them.

You need to close the account your wife is writing the bad checks on