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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, I recently found out that for the past six months

Customer Question

Hello,
I recently found out that for the past six months my husband depleted our joint account of nearly £67k to help set up this female he had an affair which was discovered six months ago. He claims he was a "loan" , but there was not anything in a "contractual" agreement and the monies were supposed to be paid back in a certain period of time and it did not happened and now he wants to claim that he is a "victim" of fraud (really?, joke).
This left us in hardship to a point he had to request for a personal loan of £35k to cover outgoings (mortgages, etc.). We are currently £1.7m in debt due to his recklessness of our finances.
I am considering divorce, however, he wants me to not start proceedings because he (64 years old and I am 48 years old) feels it would finish him and since we are over borrowed and I really do not know in what direction and I feel as though he is trying to buy time.....
My question, where would be my position in regards ***** ***** filing charges against the third party for monies that was depleted by deception from our joint account?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How is this person meant to have deceived your husband?
Clare
Customer: replied 3 years ago.

Hello Clare,

Well, this is according to his story......

This individual, which he did not have any idea, has been convicted/prisoned for fraud in the past. I was able to find this out and brought it to his attention. His mistress (he is 64 years old and she is 24 years old) will not make any form of communications with him in regards ***** ***** this is what he wants to call it "loan".

From my perspective, he is not a "victim" as he likes to claim of fraud because there was not a "contractual" agreement between the two parties and he was having a sexual relationship with this individual.

He has been firstly, found out about the relationship, duped, depleted our joint account, and divorce is inevitable. Now, he wants to play the "victim" and I am not interested because there is more to this and I feel as though he was having her to put away monies for him and she decided to keep it. Serves him right.....

Expert:  Clare replied 3 years ago.
Hi
You have correctly identified the position.Your husband voluntarily took the money from the account and gave it to her
There are no charges that you can file against her for that.
If there was an agreement that she would return the money then he can sue her for it - you cannot
Please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi,

I really cannot see him having any position to sue her because it was a "verbal agreement" and there was no written contract between both parties. To add, he had an ongoing intimate relationship with this female and basically its her words against his......She could easily say it was a "gift", which would be more likely to happen. This is a loss that will not be recovered. Idiot....

Expert:  Clare replied 3 years ago.
Hi
It is indeed her word against his - but he can still sue her and let the court decide
Clare