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Old 10-30-2012, 12:53 PM   #1
MichaelCurry
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Default Ex took my money from our account

lafayette, LA

Hi everyone-

Completely new to this site, just happened to have found it on google. Here's my situation. My ex girlfriend(never married) and I have a checking account. It is her account with my name on it. We have a son, and stupid and naive as it may sound, I left the account open in case she ever needed to take from it for an emergency for our son, etc. My checks continued to be deposited as always. We've had plenty of problems, but she had never stolen from me in the past as far as I know.

Anyway, my checks from work are direct deposited every two weeks. This is the ONLY money that is DEPOSITED to the account, and that's easily proved. She stole over $1000 over the weekend between writing checks out to cash and charging random things.

Initially I felt I had absolutely no case given both of our names are on the account. But is there any chance I can make a case of theft or something if I can prove the only money in the account was the money from my job? Anything?

Any help would be extremely appreciated.

Thanks guys
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Old 10-30-2012, 01:41 PM   #2
AFFA
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Default Re: Ex took my money from our account

I wish to inform you that your girlfriend had the authority to withdraw money from the account with your permission and she has exercised her authority and taken out $1,000. Given the circumstances, you may not charge her for fraud but can make a personal request to her and try and resolve the matter.

AFF
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Old 10-30-2012, 01:49 PM   #3
MichaelCurry
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Default Re: Ex took my money from our account

Quote:
Originally Posted by AFFA View Post
I wish to inform you that your girlfriend had the authority to withdraw money from the account with your permission and she has exercised her authority and taken out $1,000. Given the circumstances, you may not charge her for fraud but can make a personal request to her and try and resolve the matter.

AFF
She most certainly didn't have my permission and I can assure you a personal request was made and denied. But I see what you're saying. Troubling news! Thanks for the quick response, much appreciated.
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Old 10-30-2012, 02:01 PM   #4
goddessoflubboc
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Default Re: Ex took my money from our account

She did have your permission, the bank has it in writing. You could've opened your own separate account, if she took from that you'd have a case. But this is on you.
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Old 10-30-2012, 02:11 PM   #5
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Default Re: Ex took my money from our account

Ditto. Goddess is 100% correct. If you did not want her to have access to your money, you should not have given it to her. It does sound like a logical time to terminate the relationship, if you cannot trust each other.
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Old 10-30-2012, 05:50 PM   #6
sandyclaus
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Default Re: Ex took my money from our account

Quote:
Originally Posted by MichaelCurry View Post
lafayette, LA

Hi everyone-

Completely new to this site, just happened to have found it on google. Here's my situation. My ex girlfriend(never married) and I have a checking account. It is her account with my name on it. We have a son, and stupid and naive as it may sound, I left the account open in case she ever needed to take from it for an emergency for our son, etc. My checks continued to be deposited as always. We've had plenty of problems, but she had never stolen from me in the past as far as I know.

Anyway, my checks from work are direct deposited every two weeks. This is the ONLY money that is DEPOSITED to the account, and that's easily proved. She stole over $1000 over the weekend between writing checks out to cash and charging random things.

Initially I felt I had absolutely no case given both of our names are on the account. But is there any chance I can make a case of theft or something if I can prove the only money in the account was the money from my job? Anything?

Any help would be extremely appreciated.

Thanks guys
As you stated, it is HER account with your name on it. That would make it a joint account - meaning that either accountholder is authorized to deposit or withdraw funds at any time. It doesn't really matter that it is YOUR money being deposited - especially given that it was HER account to begin with.

If you are concerned with her taking YOUR money, then I would suggest that you open your own account and deposit your checks there.
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"If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."
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Old 10-30-2012, 11:03 PM   #7
Lexus
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Default Re: Ex took my money from our account

You can have a joint account with anyone in the world, but once we're jointly on that bank account, once we sign the papers, both of us have 100 percent rights to that account. Account co-owners enjoy the right to spend, give away or transfer funds to other accounts, without the consent or knowledge of other account holder(s). In many cases, the "wronged" party can get back some of the money, but legal action is required. There is no protection for either party with a joint account. There is nothing (the bank) can do to protect either party if the other person comes in and withdraws all the money. If someone other than a spouse is co-owner of a bank account while all parties remain alive, additional tax issues may arise. When you put money into an account, it isn't necessarily a gift, but if that person takes money out of the account in excess of a-year limit, then that would be treated as a gift, and you might have a gift tax filing requirement.
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Old 01-08-2013, 06:48 AM   #8
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Default Re: Ex took my money from our account

Keep in mind that he can sue you if the money obviously isn't yours. The courts might very well consider him an idiot, but don't think for one second that -- in civil court -- you can't get a judge who will slap your hand for the whole "two wrongs do not make a right" thing,
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Old 05-15-2019, 02:51 AM   #9
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Default Re: Ex took my money from our account

Arghh

I did the same thing and left an account open. But my ex knows that she should not touch that account. I am conflicted about whether I have a chance suing her in small claims.
Sounds fromthis discussion that it may not be easy since she IS listed on the account.

Thanks for this discussion, it helps to think through what I need to do!!
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Old 05-15-2019, 11:59 AM   #10
adjusterjack
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Default Re: Ex took my money from our account

Quote:
Originally Posted by Unregistered View Post
Arghh

I did the same thing and left an account open. But my ex knows that she should not touch that account. I am conflicted about whether I have a chance suing her in small claims.
Sounds fromthis discussion that it may not be easy since she IS listed on the account.

Thanks for this discussion, it helps to think through what I need to do!!
It's a joint account. Your money is as much hers as it is yours.

What she "knows" is irrelevant. And, no, you don't have any chance of winning in small claims court.
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