Joint Account Management

The management of a joint bank account is the norm for many couples and families, but it can become a source of serious concern in the event of marital crisis or separation. The fear that one of the joint account holders may withdraw large sums without consent is a concrete situation that requires a clear understanding of the rules and available protection tools. Addressing this issue with the support of a divorce lawyer is essential to protect one's rights and assets. The goal is to act promptly to prevent or remedy conduct that could compromise the established economic balance.

The Regulatory Framework: Separate Signatures and Sum Allocation

In Italy, most joint bank accounts are governed by the principle of "separate signatures." This means that each account holder has the right to operate independently on the account, making withdrawals, payments, or other transactions without the need for the other's consent. While this arrangement ensures agility in daily management, it also exposes one to significant risks. The law, particularly Article 1298 of the Civil Code, establishes a presumption of co-ownership of 50% of the deposited sums. Consequently, even if a joint account holder withdraws a sum exceeding their share, in internal relations with the other account holder, they are obliged to return the excess. It is crucial to understand that the bank cannot oppose a withdrawal made by one of the account holders, even if it depletes the entire balance; protection must subsequently be sought against the joint account holder who acted improperly.

The Approach of the Bianucci Law Firm

The approach of lawyer Marco Bianucci, an attorney with extensive experience in family law in Milan, focuses on rapid and strategic action for client protection. The first phase involves a meticulous analysis of banking documentation to reconstruct money flows and, where possible, demonstrate the exclusive origin of certain sums. This step is crucial to overcome the 50% co-ownership presumption. Subsequently, a formal communication (formal notice) is sent to request the immediate return of unduly withdrawn sums. If the out-of-court route does not yield results, legal action is considered, which may include a request for a conservatory attachment on the joint account holder's assets to ensure future debt satisfaction. The strategy is always personalized, aimed at providing a concrete and effective solution to the specific problem.

Frequently Asked Questions

How can I block a joint bank account?

The unilateral blocking of an account with separate signatures is generally not possible. The bank is required to execute transactions ordered by each joint account holder. However, in situations of severe conflict, it may be possible to attempt a joint communication with the other account holder to close the account or convert it to joint signatures. In the absence of agreement, the only way to achieve an effective block is through a court order, such as an attachment, which can be requested within the framework of a separation case or urgent proceedings.

What happens if my spouse withdraws everything from the account before separation?

If a spouse withdraws a sum exceeding their presumed 50% share, the other spouse acquires a credit right for the excess amount. This withdrawal is considered an advance on the division of assets and will need to be accounted for in the overall settlement of financial matters between the spouses. It is essential to immediately gather all banking documentation (account statements) proving the transaction to initiate a claim for restitution and protect one's rights during the separation proceedings.

How are the funds in a joint account divided in case of divorce?

In case of divorce, the remaining sums in the joint account are divided according to ownership shares. If it cannot be proven otherwise, the legal presumption of a 50% division applies. However, if one spouse can prove that certain sums are exclusively theirs (e.g., derived from an inheritance, a gift, or salary credited), they can request their exclusion from the division. This proof, known as overcoming the presumption of co-ownership, requires clear and unequivocal documentation.

Can I prove that the money in the account was only mine?

Yes, it is possible, but the burden of proof lies with the party seeking to overcome the presumption of co-ownership. Documentary evidence must be provided to irrefutably demonstrate the exclusive origin of the funds, such as transfers from a personal account, gift deeds in one's favor, documents related to an inheritance received, or traceability of credited salaries. The more precise and complete the documentation, the greater the chances that the judge will recognize the exclusive ownership of these sums.

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Understanding how to protect your savings in a joint account is the first step towards facing a crisis situation with greater peace of mind and awareness. If you are facing unauthorized withdrawals or wish to plan asset management in anticipation of a separation, it is crucial to obtain qualified legal advice to act promptly and effectively. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano 26, offers targeted advice for these sensitive issues. Contact lawyer Marco Bianucci to analyze your situation and define the most suitable protection strategy for your specific case.