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History: Home UK Divorce Forum
Topic:
Husband has taken my money £5k!! (5 Posts)
Started By:
Date:
16 January, 2018 10:20AM
Husband has taken my money £5k!!
Maddie - 16 January, 2018 10:20AM
my ex and I have been separated for a while now but have a joint account. I pay the mortgage, bills etc. as I live in the marital home. he hasn't used the joint account since separation. we came to an agreement a few months ago and a consent order has been drafted but is yet to be signed. last week I received a bonus from work of £5k and he withdraw it!!!! Can I somehow make him return it asap? Is this illegal? I know his name is on the joint account but he hasn't paid into the account for years. I've been so wrapped up in the divorce that I never thought of changing accounts. I feel so stupid and angry at myself! sorry for the mini rant.



Edited 1 time(s). Last edit at 16/01/2018 02:08PM by Maddie.
Re: Husband has taken my money £5k!!
puma931 - 16 January, 2018 04:58PM
Close the joint account now! You don't need his permission, just close it and transfer all the direct debits etc. to your own account.
When you start the finance process you can raise the point about the £5,000, but at this stage there is nothing you can do apart from ask for it back in writing/email, as you might need rely on this later on.
Re: Husband has taken my money £5k!!
Maddie - 29 January, 2018 02:38PM
Thank you Puma. I have now closed the account but I am now unsure of what happens next. Can a solicitor apply pressure on him to pay me back do you think? Solicitors seem to have the gift to scare people. It's my bonus, he hasn't used the account in years, we are separated and don't live together. there must be something I can do to get that money back.
I'm desperate!
Re: Husband has taken my money £5k!!
Willapp - 29 January, 2018 03:53PM
I am not a lawyer but I think the issue will be that as it was a joint account, he had legal access to it so he hasn't committed any crime even though of course given the circumstances it wasn't his money to take. I suppose you could get your solicitor to write to him and ask him to return it, but I doubt he would have taken it unless he felt there was nothing you could do to get it back.

If you have already agreed a divorce settlement but not yet signed it, perhaps the only thing you can do is get it revised to take into account the £5k he took from you, but then he would need to agree to the amendment which would seem to defeat the point of him taking it in the first place. I suspect this is your only hope though, as once the consent order is signed there would be little you can do to force a repayment.
Re: Husband has taken my money £5k!!
Maddie - 30 January, 2018 10:40AM
Thank you for your advice and opinion on the matter, Willapp.

That is exactly what worries me, I am unable to do anything because it is a joint account. I just feel totally lost, I need the money to pay debt. The man is totally selfish and always has been. Knowing him, he has probably put it towards a Rolex watch.

Hopefully, I can get a solicitor to pile on the pressure to pay it back or to amend the consent order.

fingers crossed!
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