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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Ex husband taken savings

22 replies

Jackiesdaughter · 20/08/2021 07:47

I’m looking for some advice regarding my ex husband having taken £3650 out of a joint savings account. I put £5000 into the account in June. My ex husband must have seen it this week and has removed £3650. I am getting no where with the bank as it’s a joint account even though it’s my money. I’ve asked him for it back but he’s so far refusing. Does anyone know if I can go through small claims court? We are divorced but still own a house together. Many thanks

OP posts:
bettertimesarecomingnow · 20/08/2021 07:51

I'd threaten him with the police.

Altho technically if the account is joint then you both have access to it, but he may get a fright and put it back.

You know it's theft and so does he. But legally I don't know - go with the police option unless he returns it within 24 hours and see what that does?

Then court if not.

Sayitaintsoiwillnotgo · 20/08/2021 07:52

The issue is it is a joint account so the minute the money is in their it is for both account holders. Sadly you may well have to chalk it up an error on your part - why not open a saving account purely in your name?!

Theunamedcat · 20/08/2021 07:54

He is only entitled to 50%

But why is he still on there if your divorced

Doyoumind · 20/08/2021 07:54

He took money out of his own bank account. I don't think you will get anywhere with this.

Dragon50 · 20/08/2021 07:55

I worked in a bank many moons ago.

Monies is a joint account belong to both parties. So he ‘owns’ the full £5k as do you.

Have you moved the remaining funds out to an account in your sole name?

NekoShiro · 20/08/2021 07:56

Get new accounts in your name only today

Blessex · 20/08/2021 07:59

Gosh. Get a savings account in your name only. Not sure there is anything you can do about this other than threaten as a previous poster said.

Jackiesdaughter · 20/08/2021 08:00

Thanks for quick replies. Yes am complete idiot for not realising it was joint account. An expensive mistake. I tried police they say it’s a civil matter. Yes have moved rest of money. It’s been a stressful week.

OP posts:
RandomMess · 20/08/2021 08:07

Presumably as you say Ex then your financial settlement has been done?

I don't understand why you hadn't closed all joint accounts when the financials were done/the decree nisi came through.

Go to Judge Rinder although I guess in the eyes of the law you have perhaps no come back Sad

Dragon50 · 20/08/2021 08:08

It’s very very common I’m afraid, and no need to beat yourself up - you are not stupid.

It was when I worked at the bank. Not just married/divorced couples - you’d be surprised how many people have joint AC with children, relatives housemates etc.

Is there any chance you have another account with him that you can take some funds out of?

Jackiesdaughter · 20/08/2021 08:28

No. Financial settlement not sorted even though we are divorced. Still own a house together.

OP posts:
Jackiesdaughter · 20/08/2021 08:31

Thanks. Once the nausea subsides I’ll be fine. No other accounts. He’s not been paying the full amount of child maintenance recently so I’m trying to sort that out.

OP posts:
RandomMess · 20/08/2021 08:36

Ah well then it goes down as part of the financial settlement.

Presumably now going via CMS for child maintenance or is he self employed?

Remember any monies either of you have in savings, pensions are included as marital assets until the finances are sorted. Don't get shafted!

Dragon50 · 20/08/2021 08:43

Oh the financial settlement hasn’t completed?

I think you can request that those funds are returned as a part of the financial settlement as you are part divorced.

As PP says it’s a marital asset but depending on what it is and how separated you are you may get a partial amount back.

Keep the account for now, ask the bank to freeze it if you need to.

Disclaimer - I know very little about divorce, but post decree (or whatever it is) and pre financial settlement isn’t the same as fully divorced for financial purposes.

Dragon50 · 20/08/2021 08:49

If it helps.

In the dawn of internet banking, we had a business man banging down the front door before we opened.

When we eventually opened he came running into transfer his work bonus/dividend that had been inadvertently paid into a joint account with his estranged wife. It was big money (city of London, I think he was a partner).

Yep - she had taken it just after midnight.

He absolutely lost his shit.

We had to call the police to have him removed.

He seemed to be a nasty piece of work so I didn’t automatically condemn the wife.

ThisIsStartingToBoreMe · 20/08/2021 08:49

Jesus what sort of man takes money away from the single mother of his kids.

Jackiesdaughter · 20/08/2021 08:53

I’ve got my decree absolute. Yes I’m using CMS. Feel like a complete numpty for putting the money into that account.

OP posts:
Worldgonecrazy · 20/08/2021 08:53

Can you make a note of this somewhere on your financial order application or has that been finalised?

I know the judge in my recent divorce only granted decree absolute once financial order had been settled and approved by a different court. So the order I had to do things in was decree midi, financial order, decree absolute.

Horrible lesson to learn though. Hopefully in a few years you will lol back and think it a cheap price to get rid of an arsehole

Viviennemary · 20/08/2021 08:55

I dont think you'd have a chance of claiming anything when its a joint account. However, maybe its different in the case of a pending divorce. But it would be up to the courts and not the bank IMHO.

Jackiesdaughter · 20/08/2021 08:58

Financial order hasn’t been settled. We still own a house together. I am so glad I’m no longer married to him due to his controlling behaviour. I’ve tried appealing to his better nature but not getting anywhere.

OP posts:
Dragon50 · 20/08/2021 09:00

However, maybe its different in the case of a pending divorce. But it would be up to the courts and not the bank IMHO.

Yes that’s my understanding. Can you ask your solicitor?

OP - it happens. I’m sure you are under a lot of stress so try not to beat yourself up but focus on ways of recouping some of that cash.

And yes he is an absolute bastard for stealing from you and the DC.

millymollymoomoo · 20/08/2021 09:56

Ask for it to be taken into consideration in the final use settlement - go for more

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