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Husband has taken my money £5k!! (9 Posts)
Started By:
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!
Re: Husband has taken my money £5k!!
Maddie - 14 March, 2018 04:57PM
Sorry to bring this up again, but I do hope to get this money back.

My consent order doesn't mention the joint bank account, however, it does mention this; " the parties agree that neither of them has any legal or equitable interest in the property or assets currently in the sole name or possession of the other or owned by the other, and neither of them has any liability for the debts of the other, except as provided for this order".

Even though the joint bank account is in BOTH our names, but the money is owned by me.

Do I have a case to get this back?

thank you.
Re: Husband has taken my money £5k!!
Willapp - 15 March, 2018 09:43AM
I think you are in a bad situation here. While I'm sure you can evidence that you put the £5k into the joint account, by all legal definitions this money was shared when you put it into the account you both had access to.

My guess is the only option for recovering is to draw up a new consent order that see you get the £5k returned in one form or another. Getting him to agree to this is the challenge, and while you can send a strongly worded letter stating that this is to recover your £5k taken by him from a joint account, if he refuses you will end up in a stalemate situation and then spending more money pursuing him for it. I would like to think if it ever got as far as a judge then they might agree the money was not his to take, but the issue is what cost and effort it would take to get to that point.

It would be a different situation if he had somehow taken this money from your personal account because that would be theft but because it was a joint named account then unfortunately he had legal access to it.

Edited 1 time(s). Last edit at 15/03/2018 09:44AM by Willapp.
Re: Husband has taken my money £5k!!
davidterry - 15 March, 2018 03:10PM
If this is a draft consent order then it can still be amended. If it is not a draft and it has been approved by the court then that is the end of the matter. People cannot re-open settlements to which they have agreed and which have been approved by the court simply because they later realise they forgot something. There would never be any finality if that was allowed.
Re: Husband has taken my money £5k!!
Maddie - 19 March, 2018 10:07AM
unfortunately, the consent order has been signed and approved. I appreciate your comments, hopefully someone can use my experience as a lesson.
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