to get her son back so we could have our "family". Once she got her son back and the $1500 was gone, she decided that she didnt want to be with me anymore. My question is since she feels that she doesnt have to pay that $1500 back becasue we were together at the time and it was considered "our" money, Is there any legal way to get that back from her in any way?
2007-10-14 17:52:32 · 7 answers · asked by gtrac3r93 2 in Politics & Government ➔ Law & Ethics
You apparently feel that you were misled by your ex who used your joint funds for her benefit while telling you that her using the funds was for both your benefits.
General rule with joint accounts is that either party can withdraw the money, but the money is owned by the party who contributed it. This would give the party who contributed the funds the right to demand the other party return said funds.
But here you agreed she could use the money. You also apparently had a joint account where you both contributed which makes it difficult to trace whose funds were whose.
But then again, you sound like you were either the primary contributor or you both were equal contributors and that this was the only thing which was not a joint expense. (Her attorney fees are clearly her responsiblity alone). You may have agreed to let her use the joint money, but you weren't necessarily making her a gift.
You can go to small claims court and you have a good shot at winning, but also a good shot at losing.
2007-10-14 18:13:06 · answer #1 · answered by Frst Grade Rocks! Ω 7 · 1⤊ 2⤋
Not without legal agreement or promissory note. If she left anything behind, have sale, or get $1500's worth of insults, and warning consultant fees to those who may be unaware of what she'll do for money and not uphold her end of deal. You could try small claims if you can prove she didn't really contribute, only wanted the money, & left at a suspiciously short time after she got her son back. You could try fraud, if she planned it and thought she would have a better chance of winning, with a stable, loving man, home, and money. If that's the case, call CPS to make sure the boy is safe, and inform them of your concerns.
2007-10-14 18:25:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If both of your contributed to the joint account, you have a commingling of funds problem.
Also, if you gifted the $1,500 (or your share) to your ex for the purpose of hiring the attorney to get the son back, you may be out of luck.
It probably will cost you quite a bit to hire an attorney; I would file a claim in small claims, and hope your ex will be willing to give you $750.00 (half) back.
Good luck!
2007-10-14 18:01:18 · answer #3 · answered by MenifeeManiac 7 · 0⤊ 0⤋
You were taken old boy! You will never see that $1,500. I hope this has taught you a lesson for the future? If you had a joint account this means that either of you could withdraw money at will merely by signing a withdrawal slip.
2007-10-14 19:02:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Nope. Joint means that you both have equal access and rights to spend the money. I recommend that you just consider it an expensive lesson in L-O-V-E.
WK
2007-10-14 17:58:11 · answer #5 · answered by olin1963 6 · 4⤊ 0⤋
You might get some back if you pursue in small claims court.
2007-10-14 18:01:29 · answer #6 · answered by Anonymous · 0⤊ 0⤋
That's the F,n you get for the F'n you got.
2007-10-14 18:28:35 · answer #7 · answered by Anonymous · 0⤊ 1⤋