If you and your spouse shared a joint bank account during your marriage, this is considered a type of community property, meaning both you and your spouse have an equal share of ownership. Unless it is specifically designated as separate property, a joint checking or savings account will be divided in half between the two of you in a divorce case in California. The courts will divide all of the funds in the joint account equally to each party, even if one of you deposited more money into the account.
If one party drains a joint bank account prior to a divorce in an attempt to keep 100 percent of the money, the courts may take action against that party, such as forcing that party to pay a penalty and repay the debt accrued. Once the courts have divided a joint bank account, the couple can choose to close the account or one party can keep it and remove the other party's name from the account.
It is important to either close a joint account or remove your name from it if you no longer wish to be associated with that account. No matter what your settlement agreement says, if a joint bank account remains open with both of your names on it, you will both take legal responsibility for that account. If your spouse uses a shared credit card to rack up more debt after your divorce, for instance, this could become your debt and negatively impact your credit score.