Withdrawing Money From A Joint Account After Divorce

[A_crew_7]

Hello, people, could somebody please advise me on the following; My now, wife divorced from her husband 5 years ago. At the time of the marriage they had a joint account to which funds were paid into from several different sources. After the divorce the account was left, what she thought, dormant but a chance online inquiry revealed funds had been paid into the account twice yearly. There was no indication as to the origin of the payments. My wife had legitimate access to the account and withdrew the funds. 5 years down the line and her estranged husband has sent us a letter stating the funds paid into the joint account were dividends from a share account which he thought were being re-invested and hadn't realised they were being paid into the joint account. He is now demanding the money be repaid to him in full to the tune of £1500. Am I correct in assuming,that because my wife had legitimate access to the joint account and the ex-husband had made the mistake of not checking his financial situation, then she was quite within her rites to withdraw the funds? Please do not think the money was spent frivolously, the money withdrawn was used to subsidise the paltry maintenance payments made by my wife's ex. Appreciate you responses from a legal perspective.

[Peter Pedant]

My turn ! My turn !

My lords Freddie and Barmaid

can I point out a case that I think is relevant ?
In Re Northall (deceased) [2010] EWHC 1448 (Ch)

Mrs N who I agree is dead but I that is irrelevant - and anyway this is about a dead marriage innit ? - put her house proceeds in a jt accoutn and the son spent it
Held it was hers

Strikes me as being his in this instant case

Plaudits, red roses and applause to me please - thank yo thank you

[Barmaid]

Nicely put Peter, and part of the reasoning for that decision is almost exactly as I said. This is from the headnote:-

"Where a sum of money belonging to one person was paid into a joint bank account there was a presumption that the owner of the money did not intend to make a gift of it to the other account holder and accordingly the money was held on a resulting trust for the provider. On the evidence, it was clear that by paying the proceeds of sale into the joint account E was not intending to give them to C or share them with him. It was to remain her money for her to spend as she wished."

[A_crew_7]

Thank you all for your candor and input. I think I have enough information to deal with the situation now. I appreciate your responses.

[FredPuli43]

Ah yes BM. Must keep my nose out of Chancery LOL. Not thought through :)

[boxtops]

ael - not necessarily, when I divorced, I kept my married name, so the name remained the same. Lots of women do that.

[aelmpvw]

yes but she has remarried?

[tamborine]

Sposing exOH had a huge loan on the joint account the exwife would be liable as she hadnt voided her interest. On those ground she should keep her gains and void her interest pronto.

[boxtops]

ael, I'm still known by the original married name as well as by my new one. You don't have to change your name - we agreed I wouldn't - I've been known by the other one for more than half of my adult life.

[Barmaid]

The name is a red herring. Utterly irrelevant.

[beso]

If he go the shares i n the settlement then it was his money. As such she stole it.