General information only, not legal advice. A joint bank account can create hard feelings fast. The CFPB says that in most circumstances, either person on a joint checking account can withdraw money and close the account. That means the fact that someone emptied the account does not automatically make it illegal.
When suing is harder
If both names were on the account and the person had authority to use it, a theft claim may be difficult. The bank may also point to the account agreement or state law. In other words, a joint account is not the same thing as separate money with a strict fence around it.
When a claim may exist
You may have a stronger case if the money was taken through fraud, coercion, elder abuse, forgery, or an agreement that gave the other person only limited access. You may also have a claim if the withdrawals violated a court order, a power of attorney limit, or another legal arrangement.
Check the paperwork first
Before you sue, get the account agreement, statements, and any bank notices. CFPB explains that the agreement usually controls a lot, and that state law may also matter. If the money was transferred without your permission from an account that was not truly joint, notify the bank quickly and ask about error resolution or unauthorized transfer rules.
If the dispute involves a parent, spouse, or another family member, the legal path can overlap with probate, guardianship, or family-law issues. That is one reason these disputes are worth reviewing with a lawyer early.
Bottom line
You may be able to sue a family member over money taken from a joint account, but only if the facts go beyond normal joint-account authority. The key questions are who had access, what the account agreement allowed, and whether there was fraud or another independent wrong.
What we do not know: the exact account terms, whether the account holders were spouses or co-owners, and whether the transfer was actually unauthorized.
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