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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25451
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I used my husbands Isa allowance to the max last year. It was

Customer Question

I used my husbands Isa allowance to the max last year. It was his suggestion. And as a newly married I agreed . Now he won't return the capital or the interest . What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you can prove that the money place in his account was yours from bank transaction records please?Does he have any reason for refusing to return the money?May I ask if either of you are presently considering divorce proceedings or anything of that nature? I ask because I assume his position is placing some strain on your relationship.
Customer: replied 2 years ago.
It was a bank transaction which can be proved. It's an issue because it is part of my pension lump sum as a teacher and when I asked for it back to invest this years ISA it became an issue. We are moving house in June and I would like it sorted before I commit .
Expert:  Joshua replied 2 years ago.
Thank you. There is no presumption of a gift in English law between a wife to husband. what this means is that although you transfer the money to your husband, the law will not assume that transfer was a gift but rather that it was either a loan or that your husband was to hold the money on your behalf as a trustee. If your husband contends the money was a gift, which is the only basis on which he could legally retain the money, the law requires him to prove the fact - it is not for you to prove that the money was not a gift. Accordingly, you can give your husband notice that he has say 7 or 10 days to return the money failing which you may have to commence recovery proceedings against him. clearly this would be a very difficult position to put you in suing your husband but it is your right if he refuses to return your money volunatarily. What effect that may have on your relationship is something you may have to discuss beforehand as clearly it could have significant consequences on a personal level. from a legal perspective however, you could consider serving a statutory notice upon your husband requiring him to return the money. This costs no money and is a formal warning that unless he makes payment in full or formally applies to the court to attempt to set aside the statutory demand where he will need to convince a judge that he does not owe the money demanded to do so, he may be made bankrupt. If he fails to do either of the above, after 21 days you can apply to make him bankrupt though there is no requirement that you do so. Statutory demands can be a powerful weapon to convince unwilling creditors to pay what is owed without the need for court action.The form you need can be found below and should be sent by recorded delivery or delivered personally.https://www.gov.uk/government/publications/statutory-demand-debt-for-liquidated-sum-payable-immediately-form-61 The alternative is that you can issue proceedings in the county court for the return of the money and ask for summary judgement on the basis there is no defence available to him. This removes the need for a hearing if it is granted. if the judge is satisfied based on any evidence you can supply that there is no available defence to him summary judgement should be granted in this case and from there, you can proceed to enforce the judgement for example using bailiffs, deductions from earnings, taking a charging order out against any property he owns and so on.You can issue proceedings using the below link and claim court fees, interest at 8% per annum and any costs associated with your attending any hearing.https://www.moneyclaim.gov.uk/web/mcol/welcome I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 2 years ago.
Thank you. I've had time to reflect and it's better than I feared. The law protects silly entrusting me! I'm not sure which course to take at present but as you say there are several. Thank you again Joshua I'm so glad I came across you!
Expert:  Joshua replied 2 years ago.
I am glad I could assist. I hope your husband will agree to be more reasonable once he understands that just because the money is in his account does not make it his.