Money Dilemma: Joint Account After Separation
Jan 20, 2026
To: Molly
Subject: Money Dilemma
My fiancé and I are separating. We don’t have property or big shared assets, just a couple of joint bank accounts, including a savings account with a modest balance.
The issue is that I contributed significantly more money into that savings account over time. My ex would regularly withdraw money from it, often without telling me or asking first.
Now that we’re separating, I’m wondering where I stand legally. Am I allowed to take back the amount I originally contributed, given the account was in both our names? I’ve downloaded a full transaction history from the bank, so I can clearly see what went in and out.
Any guidance on how this is usually treated would be really
appreciated.
Molly's Response:
We went out to one of our resident family lawyers Samantha Lewis of Lewis Family Lawyers and this is what she has to say:
Joint accounts are just that, they are joint. On separation, both account holders have access and can access the full amount in the account. Sometimes it can be helpful to secure funds from joint accounts on the breakdown of a relationship to avoid the argument about repaying old “loans” between spouses. The banks however can freeze or compensate the other party if funds are removed from a joint account without authority following the breakdown of a relationship and sometimes can even seize the funds if they are deposited into another account within the same bank. It is best to get advice to make sure your facts and circumstances warrant a removal of funds from any joint account.
