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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My husband wants back all the money that he gave me to put

Resolved Question:

My husband wants back all the money that he gave me to put into ISA's because he said that it was part of his redundancy payment . He told me to do it - now he's saying it is theft. Surely my ISA's are part of the joint matrimonial assets that will all be taken into consideration and divided up. I don't have to hand them over
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

What is your question please?
Customer: replied 3 years ago.
Can my husband demand I give him all the ISA's back and is he right that he can have me prosecuted for theft
Expert:  UKSolicitorJA replied 3 years ago.
It cannot be theft on your part as he gave you the money in the first place,.

Theft is defined as follows under the Theft Act 1968:

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

You did not dishonestly appropriate the money, so no theft occurred.

It depends why he gave you the money in the first place, if he said you should keep it for him and return it back then he asked for it, then you should do so, otherwise like you say, the money will be considered part of the matrimonial assets and divided up during divorce.

Can I help further?

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Customer: replied 3 years ago.
At no time did he say I was to keep the money for him, in fact 2 of the ISA's were set up before he redundancy payment