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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33372
Experience:  Began practicing law in 1992
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My ex deposit big amount of money as deposit to our joint

Customer Question

My ex deposit big amount of money as deposit to our joint account and agree that I can move it to my own account as deposit for me to resign my job and reconcile our marriage.
Now after i resign my job, he changed his mind and want to divorce and take the money back and said I'm criminal if I keep it. I that true? Will i be in prison because or have any criminal record because of this?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Based on your facts then no it would not be criminal. If he gave you the money then it becomes yours at that point or, at the latest, when you take possession. He cannot change his mind and rescind the gift. In your particular case you can even claim it was a contract since you gave up your job in exchange for the money.

In addition, when the money was deposited into a joint account then generally (depending on the exact kind of account) it becomes the property of both of you anyway. Even if you withdrew it without his permission it wouldn't likely be criminal since it was at least partially yours at that point.

Customer: replied 1 year ago.
But I have no proof that of his promise that I can keep the money. They are all oral promises. But he did go to the bank with me and we told the bank clerk together that she can transfer the money to a new created account, so I didn't do it by myself, we did it together. So have no proof that it is a gift. And we are separated for a long time with all of our settlement agreement signed that we keep our own money. How can I prove it is a gift from him?
Expert:  Dwayne B. replied 1 year ago.

You can subpoena the bank teller, she may remember, your testimony counts as evidence, you can subpoena the videos from the bank so long as you move quickly to do so (they may erase them after a period of time), and an in depth interview could reveal additional ways.

However, as I mentioned, if it was originally deposited in a joint account then there is a presumption it was joint funds which would mean it was not criminal to move them even if you did it without his permission.

What you may want to do is go and talk to a local lawyer and have them contact the bank and see if the videos are still available and then have him put in a written request to the bank for them to keep the videos.

Customer: replied 1 year ago.
Will do, thanks you so much for your advice! Much appreciated!
Expert:  Dwayne B. replied 1 year ago.

You're very welcome.

Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.