Daughters bank account empty

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  • Westie983
    Westie983 Posts: 5,213 Ambassador
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    Leanne1904 wrote: »
    He!!!8217;s not on a low income anymore, he!!!8217;s now in the army so has a reasonable wage coming in.
    The paying in book was in my possession as I was the only person putting money into the account. Money that came from relatives etc.
    He has spent all the money, I!!!8217;ve got a statement showing all of the money being removed over an 8month period.

    Sadly even though the book was in your possession, you were not named on the account, so if and when you wanted to take money out you would have had to speak to your husband to get the money out.

    Im very sorry this has happened and like I say its not the first time it is has happened, but there is nothing you can do as it was set up with just your husbands name, and not both, and have both to sign for withdrawals.

    Sorry, I hope that your husband does the right thing, and offers to give the money back.

    Westie983
    I’m a Forum Ambassador and I support the Forum Team on the Banking & Borrowing, and Reduce Debt & Boost Income boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySaving Expert.
    Save 12k in 2023 #58 Total (£4500.00) £2500.00/£5000 = 50.00%
    Sealed Pot Challenge ~17 #24 Total (£55.00) £0.00/£500 = 0.00%
    Xmas 2023 £1 a Day #13 Total (£85.00) £344.00/£365 = 94.24%
    Virtual Sealed Pot #1 Total (£500) £550.00/£500 = 110.00%
    £2 Savers Club 2023 #17 Total (£25.00) £45/£300 = 15.00%
    The 365 1p Challenge 2023 #7 Total £656.19/£667.95 = 98.23%
    Total £4095.19/£7332.95 = 55.84%
  • xylophone
    xylophone Posts: 44,427 Forumite
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    He!!!8217;s not on a low income anymore, he!!!8217;s now in the army so has a reasonable wage coming in.

    Ask your solicitor about suggesting to him that unless he makes restitution, you'll lay the matter of breach of trust before his commanding officer as "conduct unbefitting a serving soldier in HM Forces"?
  • Leanne1904
    Leanne1904 Posts: 6 Forumite
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    Thanks for that, that!!!8217;s very helpful
  • pearl123
    pearl123 Posts: 2,056 Forumite
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    What about a small claims court if you get nowhere?
  • PeacefulWaters
    PeacefulWaters Posts: 8,495 Forumite
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    If he's spent / spending the money on the child there's no issue.
  • colsten
    colsten Posts: 17,597 Forumite
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    As you are filing for divorce, and assuming the children stay with you, ask your Solicitor to include the missing £3.5K in the divorce settlement.
  • Leanne1904
    Leanne1904 Posts: 6 Forumite
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    Not sure why it keeps putting random letters?!?
    Anyways, I can prove that none of the money was spent on my daughter as he doesn’t have her to spend the money on her
  • Reaper
    Reaper Posts: 7,283 Forumite
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    Leanne1904 wrote: »
    Not sure why it keeps putting random letters?!?
    It's replacing your apostrophes. The 8217 number is the unicode value for a "right single quotation mark".

    Your keyboard language may be set to something odd or you maybe you are copying and pasting from Word or similar.
  • pearl123
    pearl123 Posts: 2,056 Forumite
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    8217 kept coming up on one of my posts when I was using the apostrophe. I presumed it was some martin lewis forum software bug.
  • EachPenny
    EachPenny Posts: 12,239 Forumite
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    Leanne1904 wrote: »
    Anyways, I can prove that none of the money was spent on my daughter as he doesn’t have her to spend the money on her

    Something you will get used to in the divorce process is it is one thing to think he's not spent money, its another to prove it.

    He might have spent the money buying Premium Bonds, Gold Sovereigns, Fine Art etc etc for your daughter. However unlikely those suggestions might be, the point is you cannot prove he hasn't used the money for her benefit.

    If you don't agree on a financial settlement and you end up going to Court then part of the process is financial disclosure, followed by a "questionnaire". You (or your solicitor) use the questionnaire to clarify or uncover things which are not properly explained in his financial disclosure.

    That might turn out to be the most convenient place/time to raise the issue of your daughter's savings - the judge gets to see the questions first and decides if they are fair and reasonable to ask. You could ask when and why he withdrew the money, what (exactly) it was spent on, and whether he intends to repay her the money. That raises questions about his conduct, which probably won't directly affect the outcome of the settlement, but may have an influential impact on the judge.

    Getting divorced is a really emotional (and expensive) process. The most important thing is to think like a lawyer, not like an ex-wife :) That means trying to detach yourself from the emotions and look at cold hard facts. If at all possible try and settle things without going to court. The court process is rarely very rewarding for either party.
    "In the future, everyone will be rich for 15 minutes"
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