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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-25-2006, 11:40 AM
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Default laws on joint bank account money after divorce is final

Does anyone know the law regarding money in a joint bank account after a divorce is final and financial settlement has already been done. I have a situation where money was found in a joint bank account after our divorce was finalized. At first my lawyer stated that the law was not matter what half was mine as it is a joint account. Now she has stated that since the marriage is disolved, the two owners of the bank account are now "strangers of the account" and being able to get half in it may be a problem and a judge may not award half to each. If anyone could help with this it would be much appreciated.

thanks
sheri
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Old 01-27-2006, 11:21 AM
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Sheri,

Just a question: How did you have a bank account, with your name on it and not know about it? Did you put money in it? How does one 'lose' a bank account?
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Old 01-28-2006, 02:08 AM
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Decent Dad

I never stated I "lost" the joint bank account. I never stated I didnt know about it. My ex unfortunatly forgot he had this account and through his deceit sold the stock we owned together during our marraige and deposited the cash into this account. These are the stocks in which he stated were no longer there, they were sold and gone during our divorce proceeding. I trusted him on that and when I found that he had cashed the stocks into this account I then realized he had lied to me and the courts. Enough said. Does that answer your question.
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Old 01-28-2006, 10:57 AM
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This forum shouldn't be about defending yourself against harsh opinions of another member/visitor who doesn't know the whole story. We have enough reputation trashing and emotional issues heaped upon us during the court process---this is supposed to be our comfort zone to chat with other in the same situation, not an interrogation.
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Old 01-28-2006, 11:16 AM
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god knows the truth,

I came in here to get some help and advice and all I feel I have gotten from this certain member is judgement and harsh bashing. Its nice to know their are kind caring souls in here. You are right we all (both sides of a divorce) go through emotional hardship during divorce and dont need it from strangers in here.

Thanks again
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Old 01-28-2006, 01:34 PM
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Nooooooooo Problem--anytime! You're Welcome
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Old 01-29-2006, 03:16 PM
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Quote:
Originally Posted by sherif28
god knows the truth,

I came in here to get some help and advice and all I feel I have gotten from this certain member is judgement and harsh bashing. Its nice to know their are kind caring souls in here. You are right we all (both sides of a divorce) go through emotional hardship during divorce and dont need it from strangers in here.

Thanks again
sherif28,

Sorry you've felt that way. Normally, these forums are very supportive and I'm working very hard to keep them that way. I hope that you continue to contribute.
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Old 01-30-2006, 02:26 AM
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Thanks Jeff for the support and encouragement I will keep plugging away
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Old 01-30-2006, 11:22 AM
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sherif28,

I would think you would be entitled to half the money. Have you spoken to your ex. I am not sure of your situation but if you settled your divorce by means of a separation agreement, one of the conditions of a separation agreement to be valid in Ontario is that FULL financial disclosure occur between the parties. If this does not occur the separation agreement could be varied or possible voided and net equalization could be re-calculated.

I would think the Judge would be somewhat sympathetic in your case as FULL financial disclosure is to occur when it comes to net equalization payments.

You would have your ex's previous sworn financial statements or could be found in the continuing record.

What I would do is get a statement of this joint account going back to day one. To open a joint account, they the bank would have your signature on file.

Get records of deposits etc, who made them. If it was a large sum of money it most likely the deposit was done by cheque, perhaps from a stock broker


I think you will have no problems from the bank on disclosure, After all the account is listed as a joint account.
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