If someone got divorced (Jane and Bob) but still had a joint account with their ex (ex hasn't sorted accounts out!!!!) where would Jane stand legally if she took money out of the account that Bob had paid in

I think she is OK to do this (wether its correct morally is debatable) but surely if her name is on the account there is nothing Bob can do about it

Anyone out there know the legality of it all (bank cashier said it was fine )



Cheers

she'll burn in hell I think.

Believe me, its only smallish amounts and Bob got a very hefty chunk from her just to get him out of her life

Has the divorce gone through?

Was this account mentioned in the divorce proceeding?

I don't know for sure, but I would assume if someone was divorced then a settlement would have been made, which would have taken account of all relevant assets, bank balances etc. Plus any ongoing arrangements.

So, taking money out of that account would either form part of:

a) the agreed settlement of cash that was there at time of divorce
b) the ongoing arrangements agreed

If taking the amounts isn't part of the agreed arrangements, i.e. Bob pays in his salary of £1,000 and Jane takes it out, despite being divorced from Bob and the courts agreeing that Bob owes her nowt - then I'm pretty sure Bob would have a case, wouldn't he?

Yes Jane has access to the account, through Bob's stupidity, but isn't it the same as having access to a mate's wallet whilst he pops to the bog?

Edmondson

That is exactly what I was coming to.

Technically this is theft if this money was not part of the agreed settlement.

Can Bob prove he paid this money in?

And I was just considering heading off to bed, but now need to hang on to see Ronny's response...

Not sure on any fine details regarding the divorce settlements, pretty sure he had numerous accounts and a few with her name on.
The one in question had £500/month paid in and is still doing so, she is taking it out.

She did speak to the bank about it and they said she was in her rights to do so if her name was on the account, she hasn't spent the money due to being unsure of the legality of it all but surely if its her account and he is stupid enough to pay money into it, its tough crap

I working in Banking Ronny and this is theft.

She knows the money is not hers, it has not been given to her as part of a divorce settlement and she must have no morales to take someone else's money.

I assume he thinks he's paying £500 into some kind of savings account, but just hasn't checked to see that it's being taken out. Won't he go mental when he finally gets around to seeing what has happened?

Whilst technically she can take the funds out the account as she is a signatory, it hasn't formed part of the settlement so she is taking his money.

You might be best investing it for her Ronny, in 1,000+ World Cup dreamteam entries...then you can sneak the stake back in come July, no harm done

Talking about morales:

I actually know of a case where a husband and wife were named on a account together and the wife used to take out £500 each month to pay the mortgage (from his wages). However, she withdraw the money and paid it into her own account and then paid the mortgage.

Guess what?

When they divorced she said he had never paid a penny towards the house.

That is the key bit. She can take the money out, but will be stealing if she spends it.

A little bit harsh Ash considering you don't know the full story but believe me £1k is a drop in the ocean compared to what he got out of her for basically contributing very little financially.

Anyway thats fine, she hasn't spent it and does feel guilty for doing it but anger got the better of her at the time, IF it is illegal she will put it back and the way she was talking tonight is probably the way she will go anyway

I didn't need to know it was morally wrong, just if it was legally wrong

what if the divorce isn't actually through?

Sorry Ronny, that was based on the divorce already happening.

No problem Ash

The divorce has gone through Barry or you asking for any similar scenario

the reason I find it hard to see how its illegal is the amount of unmarried couples that have joint accounts these days. Anyone could claim their ex had been taking money out of their account from before they had split up and just lie about when the break up was

Similar scenario - wasn't doubting you mate, was just wondering what would happen if the hypothetical divorce wasn't settled.

Well I know her friends were telling her to empty the account before the divorce went through but she isn't the sort of person to do that, she is now in turmoil over what she has done and will put it back I am sure wether legal or not.

It was a decision made while in a bad place

I was just interested to find out if she could get away with it

probably best that she "close the account" from her side too, will look good IF it goes that far.....

Your totally right there and that is where there is a grey area.

With marriage there is a line in the sand and you can prove the date that your assets became yours, but with unmarried couples you have no such proof.
Divorce law states that unmarried couples when splitting keep their own accounts, houses, etc and only joint houses / account get split.

With regards to your case Ronny, were these accounts mentioned during divorce proceeding? If not, there could be a case to claim some of this back.