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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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There is a joint account with my ex partner. I haven't used

Customer Question

There is a joint account with my ex partner. I haven't used the account for about 2 years. My ex partner owes me over £600 due to car finance I took out on her behalf, which she had full use of the vehicle after we separated. Can I withdraw this amount to clear the liability for the car. Only this amount will be withdrawn.
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What other steps have you taken to recover the funds?

Customer: replied 9 months ago.
I haven't, however it was always very difficult to make sure that my ex continued with the monthly repayments after we separated. She did however eventually pay the monthly repayments until she eventually no longer wanted the car and I've been left with the outstanding debt once the car was returned to the finance company. Also although the finance was in my name, she actually regisitered the car in her name. I know that if I approach her about the settlement figure, she will refuse to pay and will transfer all the funds out of the account to a separate account.
Customer: replied 9 months ago.
All I need to know is, is it a criminal act if I withdraw the funds from the joint account of which my name is ***** ***** the account to pay for a debt my ex has left me with?
Expert:  Clare replied 9 months ago.

Interesting technicalities involved.

Did you ever put funds in the account?

Customer: replied 9 months ago.
I did but not since November 2014
Expert:  Clare replied 9 months ago.

Technically since it is a joint account you can indeed withdraw the money.

However there is Civil Case law which suggests that the money is in fact held on Trust for your partner and that by withdrawing it you are taking money that does not belong to you.

However that is Civil case law and it is unlikely that the Police will look beyond the basic legal position so you have very little to fear from the Criminal Law side

Your ex could use Civil law to recover the money - but then you can counter claim for the finance figure.

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi clare, thank you for the answer, I think that's all the information I need for the time being. If I need any further advice, I'll be back in touch. I've already rated the advice. Thanks again philip
Expert:  Clare replied 9 months ago.

You are most welcome I hope all goes well