Q: If I lived with a man for 11.5 years and we opened a joint checking account and a money market account then we split up

Can I legally withdraw money from either account without being sued or arrested for theft? What can or can I not do with this money???

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, here's a general overview of the situation, but please note that this is not legal advice and you should consult with a local attorney for specific guidance:

1. Joint accounts: Generally, when two people open a joint account, both parties have equal rights to the funds in the account, regardless of who contributed the money. This means that legally, you have the right to withdraw money from these accounts.

2. Risk of legal action: While you may not be arrested for theft for withdrawing money from a joint account, your ex-partner could potentially sue you in civil court if they believe you've taken more than your fair share of the funds.

3. Considerations:

- Even though you can legally withdraw funds, it's advisable to communicate with your ex-partner about dividing the money fairly.

- Keep records of all transactions and any agreements you make regarding the division of funds.

- Consider the source of the funds in the accounts when determining what's fair.

4. Best practices:

- Try to reach an amicable agreement with your ex-partner about how to divide the funds.

- If an agreement can't be reached, consider mediation or legal counsel to help resolve the issue.

- Avoid emptying the accounts without notice, as this could escalate conflicts and potentially lead to legal issues.

5. Legal implications: Mississippi doesn't recognize common-law marriages, so your rights may be limited to what's explicitly agreed upon or documented.

Given the complexity of the situation and the potential for legal disputes, it would be wise to consult with a local attorney who specializes in family law or property disputes. They can provide advice tailored to your specific circumstances and Mississippi law.

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