Please Help!!!Husband moved money out of our joint account

Februarycat

My ex husband did exactly the same thing in Sep 07 whilst I was away with our son, came back and he told me he wanted to leave me and that he had stopped his salary going into the joint account, thats after 20 yrs of marriage, just shows what type of person he was, anyway now divorced.
I found the CAB to be very helpful and will tell you what you should be entitled to.

Suzy_M

If your husband's salary is being paid in to his account in his name - make sure all the bills are just in his name as well!

zzzLazyDaisy

It does sound to me as if the husband is planning to leave the marriage, and is hoping to squirrel some of his money away where it can't be touched.

The husband is perfectly entitled to have his salary paid into his own account. Sadly, as long as the couple stay married the wife has few if any rights, financially, as I found to my cost in my own marriage. Yes, you can quote the CAB website in support of the arguement that the husband is expected to support his wife and family, but in practice there is no legal mechanism to enforce this.

However if the couple split up, the CSA and divorce legislation give her legal rights re child maintenance, share of the property, savings etc. It id sad that they would have to formally separate in order for OP to force him to provide for his family.

Turtle

Mutter, sorry, you are incorrect. Monies in a joint account belong to both parties (regardless of whether they are married or not actually). That means that either party can move the whole lot out perfectly legitimately whether they they were the one to put it there or not. For example, party 1 deposits 10 grand in the joint account, party 2 transfers it to their own account. There is nothing party 1 can do about this. Similarly, if party 1 runs up a 10 grand debt on the joint account and disappears, party 2 can be held entirely liable for the whole debt even if they did not spend 1 penny of the money. This is what jointly and severally liable means.

KellyWelly

I'd never thought about this sort of situation before but I am astonished that a husband and father can do this to his wife, who has sacrificed her own income and career to care for his children (she didn't make them by herself!). I realise some men are complete b@st@rds when it comes to money and that some use money to control and abuse their wife/partner but this has made me wonder why there isn't something in family law about spousal maintenance in marriage.

I hope this all gets sorted out for you, Danio. I think if I were in your situation I would tell my husband that he either has to pay money into the joint account (an amount that you are sure will cover all the bills AND expenses for you and the children - you deserve to have some money as well, it's not like you can't be bothered to work and won't get out of bed in the morning); OR you will be going to see a solicitor to get something in writing to say that you are seperating and you will be going to the benefits office to put in a claim for single mum benefits and CSA. If he wants to !!!!!! off and not play daddy anymore why is he hanging around anyway?

Bea89

Suzy_M wrote: »

If your husband's salary is being paid in to his account in his name - make sure all the bills are just in his name as well!

we are the same . the morgage is in dps name as im only 19 and no morgage company would touch me with a bardge pole. all the bills are in dps name too as he set them all up. bills come out of dps account , he transfers £200 a month into my acount for food shopping as i do the food shopping and dont feel comfortable carrying his card around with me. the child benefit and child tax credits go into my account. im a SAHM.

i *think* if you ring the benefit people and tell them your situation then they maybe able to help you. im not 100%. my mum went thro the same sort of thing. my dad didnt give her money and refused to tell her how much he was earning and they helped her in some way.

moneymare

Turtle wrote: »

Mutter, sorry, you are incorrect. Monies in a joint account belong to both parties (regardless of whether they are married or not actually). That means that either party can move the whole lot out perfectly legitimately whether they they were the one to put it there or not. For example, party 1 deposits 10 grand in the joint account, party 2 transfers it to their own account. There is nothing party 1 can do about this. Similarly, if party 1 runs up a 10 grand debt on the joint account and disappears, party 2 can be held entirely liable for the whole debt even if they did not spend 1 penny of the money. This is what jointly and severally liable means.

Correct.

Also, if the relationship is "in a serious crisis" as you put it - sounds to me like he is making provision for worst-case scenario.

Can't blame him, really. What happens if, for example, he pays his salary into the joint account and you decide to finish the relationship and empty the joint account - leaves him high & dry.

As long as he is making provision for the bills etc, not a lot you can do, sorry.

seabright

Danio,
He's doing this as a method of controlling you and, maybe, the children. You need to open your own account and arrange to transfer the child benefit and any other income into it.

Not only do both parties to a joint account have the ability to move move from it, they are both responsible for any debts ie overdraft. So, if you have an overdraft facility on the joint account think about getting it cancelled - if he does a runner and can't be located, the bank will expect you to repay it. I'd suggest you think about closing the joint account, although you'll probably need his agreement to do this.

RoxieW

what a selfish spiteful bleep! Am also surprised by the posters that think that this is ok. Fair enough if they'd sat down and sorted out a financial arrangement that suited them both for the time being - as well as a long term plan - but to just pull the rug from under the OP must leave her feeling very frightened and vulnerable.
I'm a SAHM which was a joint decision between me and OH. I have also been a working mum. Up until then I'd had to deal with the odd snide comment about it being 'his' money etc etc, so I got myself a job. When he realised he had to shell out hundreds in childcare fees, share the housework and school runs and share responsibility for what happens if a child is ill/childcare problems etc he was soon begging for us to go back to our previous arrangement - because it suited him far better.
OP's other half has been enjoying the benefits of her baring the responsibilities of the children/household - allowing him to go out to work and earn money for the household. To now be all 'it's my money' is outrageous. She's done most of the childrearing - are they just 'her' kids now? Is the house just hers? Fair enough, he's agreed to pay some bills but the uncertainty surrounding this must be very frightening - and its an obvious method of spiteful control.
Unfortunately, from a legal viewpoint there doesnt seem to be much the OP can do about it. So its crunch time. You need to decide what's happening with the house and properly seperate so that you can claim benefits as a single mum (either instead of or as well as work - ie childcare tax credits, working tax credits etc.) and sort out proper maintainance payments and arrangements to share the childcare. Dont let him have his cake and eat it :mad:

seabright

RoxieW wrote: »

what a selfish spiteful bleep! Am also surprised by the posters that think that this is ok.

I certainly don't think it's OK, and I don't think my comment suggested that I do. The poster asked "is it legal?" and yes, it is. This is very unfortunate for her and I hope the suggestions made by me and by others help her as far as it is possible to do so.