Often there has been the misappropriation of important sums of money by one of the spouses near the moment of separation. It happens to many couples to experience complex periods in which coexistence undergoes tests of emotional and physical resistance. When the desire to escape a harmful relationship becomes urgent, it is feared that the partner will take on the appearance of an enemy.
A series of doubts peep out about the possible conduct of the person with whom he has shared so much. Concerns arise about the reactions that the other could put in place and mistrust takes over. Last but not least, one wonders if all the money can be withdrawn from a joint account. This is because when trust in the other decade, we start to fear incorrect behavior.
Can all money be withdrawn from a joint account?
When and if the relationships between the co-holders of a current account become corrupted, the legislative dictation intervenes to protect any stealing. This is to prevent one of the spouses from emptying the account and depriving the other of the liquidity on deposit. Article 1298 of the Civil Code governs relations between joint and several debtors and creditors and in the second paragraph it explicitly reads that “the parts of each are presumed equal, unless otherwise noted”.
This means that the joint account holder can claim ownership or ownership of a share of liquidity. In case of joint account, each holder can dispose of and therefore withdraw only 50% of the money on deposit. Nonetheless, the bank cannot deny a co-nominee the withdrawal of sums greater than the aforementioned threshold. The looted spouse will subsequently claim the embezzlement and demand restitution. However, it may not be an embezzlement if the separation of the assets is in force and the liquidity of a single holder flows into the deposit.