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HomeFinancial CodeDiv. 1.1Ch. 12Art. 1§ 1401 Married Person Bank Accounts

§ 1401 Married Person Bank Accounts

Financial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1401 Married Person Bank Accounts

This law says a married person's bank account belongs only to that person and can't be controlled or claimed by anyone else except a creditor.

Key Takeaways

  • •The account is owned only by the married person named on it.
  • •No one else, including a spouse, can control or put a lien on the account.
  • •Only a creditor with a valid claim can affect the account.

Example

John, who is married, has a checking account. His wife, Mary, tries to take money from the account without his permission.

Because of this law, Mary can't touch the money. Only John can use the account, unless a creditor (like a bank that gave John a loan) has a legal claim on it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1401 Married Person Bank Accounts

A bank account by or in the name of a married person shall be held for the exclusive right and benefit of the person, shall be free from the control or lien of any other person except a creditor, and shall be paid to the person or to the order of the person, and payment so made is a valid and sufficient release and discharge to the bank for the deposit or any part thereof. (Added by Stats. 2011, Ch. 243, Sec. 3. (SB 664) Effective January 1, 2012.)

Last verified: January 11, 2026

Key Terms

bank accountmarried personexclusive right and benefitcreditorvalid and sufficient release and discharge

Related Statutes

  • § 1400 Minor Bank Account Ownership
  • § 1406 Bank Creditor Payment Restrictions
  • § 1402 Multiple-Party Bank Accounts
  • § 1403 Bank Interest On Deposits
  • § 1404 Broker Interest On Impound Accounts

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Financial Code. Section 1401.
View Official Source