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Withdrawing Money From A Joint Account After Divorce
Hello, people, could somebody please advise me on the following; My now, wife divorced from her husband 5 years ago. At the time of the marriage they had a joint account to which funds were paid into from several different sources. After the divorce the account was left, what she thought, dormant but a chance online inquiry revealed funds had been paid into the account twice yearly. There was no indication as to the origin of the payments. My wife had legitimate access to the account and withdrew the funds. 5 years down the line and her estranged husband has sent us a letter stating the funds paid into the joint account were dividends from a share account which he thought were being re-invested and hadn't realised they were being paid into the joint account. He is now demanding the money be repaid to him in full to the tune of £1500. Am I correct in assuming,that because my wife had legitimate access to the joint account and the ex-husband had made the mistake of not checking his financial situation, then she was quite within her rites to withdraw the funds? Please do not think the money was spent frivolously, the money withdrawn was used to subsidise the paltry maintenance payments made by my wife's ex. Appreciate you responses from a legal perspective.
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My turn ! My turn !
My lords Freddie and Barmaid
can I point out a case that I think is relevant ?
In Re Northall (deceased) [2010] EWHC 1448 (Ch)
Mrs N who I agree is dead but I that is irrelevant - and anyway this is about a dead marriage innit ? - put her house proceeds in a jt accoutn and the son spent it
Held it was hers
Strikes me as being his in this instant case
Plaudits, red roses and applause to me please - thank yo thank you
My lords Freddie and Barmaid
can I point out a case that I think is relevant ?
In Re Northall (deceased) [2010] EWHC 1448 (Ch)
Mrs N who I agree is dead but I that is irrelevant - and anyway this is about a dead marriage innit ? - put her house proceeds in a jt accoutn and the son spent it
Held it was hers
Strikes me as being his in this instant case
Plaudits, red roses and applause to me please - thank yo thank you
Nicely put Peter, and part of the reasoning for that decision is almost exactly as I said. This is from the headnote:-
"Where a sum of money belonging to one person was paid into a joint bank account there was a presumption that the owner of the money did not intend to make a gift of it to the other account holder and accordingly the money was held on a resulting trust for the provider. On the evidence, it was clear that by paying the proceeds of sale into the joint account E was not intending to give them to C or share them with him. It was to remain her money for her to spend as she wished."
"Where a sum of money belonging to one person was paid into a joint bank account there was a presumption that the owner of the money did not intend to make a gift of it to the other account holder and accordingly the money was held on a resulting trust for the provider. On the evidence, it was clear that by paying the proceeds of sale into the joint account E was not intending to give them to C or share them with him. It was to remain her money for her to spend as she wished."
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