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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6376
Experience:  LLB (Hons)
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Can one party withdraw the whole balance on a joint current

Customer Question

Can one party withdraw the whole balance on a joint current account to pay a joint bill without the other party's consent during divorce
JA: What steps have been taken? Have any papers been filed in the family court?
Customer: Yes
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: No sitting arranged yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Court letter sent from petition
Submitted: 10 days ago.
Category: Family Law
Expert:  SASH_Law replied 10 days ago.

Hello, how are you today? 

My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 10 days ago.
Expert:  SASH_Law replied 10 days ago.

Given the joint balance has been paid for a joint bill, is there an issue about this?

Is the joint account still being used by both parties?

Who puts the funds in?

Customer: replied 10 days ago.
Respond online please
Customer: replied 10 days ago.
Customer: replied 10 days ago.
Are you there please?
Customer: replied 10 days ago.
Joint account is being used by both parties and one more than the other party.
Expert:  SASH_Law replied 10 days ago.

If the parties are not content with the account continuing to be used, then either one of them can freeze the account simply by informing the bank that the joint account is no longer to be used.

If there are any funds in the account when it is frozen, neither party will be able to access them until the financial settlement is agreed and the funds released.

Customer: replied 10 days ago.
The balance was withdrawn by the other party but was for one party. Was used to pay a joint loan the other party has refused to pay.
Expert:  SASH_Law replied 10 days ago.

Alternatively you can ask the bank to check with both parties before any transactions are approved.

Customer: replied 10 days ago.
A and B own the joint current acc. B uses the account more than A. B has refused to pay the mortgage payments as they've moved out of the property and left A to make the mortgage payments alone. A has contacted B several times but B refuses to pay. A then withdrew the balance of the joint acc (not a lot but better than nothing) to offset B's part of the mortgage payment and closed the account. What is A's legal stand?
Expert:  SASH_Law replied 10 days ago.

It's a joint account, the money in it belongs to both parties.

Customer: replied 10 days ago.
Does A have to pay back B when they are refusing to pay the mortgage which is a joint responsibility?
Customer: replied 10 days ago.
Can one party of a joint account withdraw the balance without any legal implications?
Customer: replied 10 days ago.
Expert:  SASH_Law replied 10 days ago.

Only a judge can order one party in a marriage to repay the other party something. At present, the joint account is joint money.

If the party that is not happy about it wants to do something about it, they can freeze the account so that it doesn't happen again, and can ask the court to consider the use of the money during the financial proceedings in divorce.

Expert:  SASH_Law replied 10 days ago.

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