Legal Question in Criminal Law in Florida

Joint Tenancy on Ameritrade Account

boyfriend and I lived together...

he opened an ameritrade account with both our names on.. told me this is to reassure me that I have security... since we did not plan on walking down the isle.. and were working on a domestic partnership agreement. Well- a year later after he was arrested for domestic violance... misdemeanor... i had 1 week to move out of his home while he was on a restraining order.. so i did.. well lived at familys place for a couple of weeks... was not working.. since quite to work with him... no money.. so approx 6-8 weeks later i remembered the joint account.. called up identified myself and they wired 1/4 of the funds to me... joint account and labeled joint tenancy...

now he is suing me for treble the damages and under civil options of theft.

I have read were financial institutions- are not under real property guidelines when settlement issues or usage are involved. I read that we are governed by the provisions of the institutions when acting in joint and joing tenancy banking...

So now what- am I going to be a felon? Theft-- over what he created and gave me .....

I did not put a dime into it.


Asked on 3/11/08, 3:41 pm

1 Answer from Attorneys
Thomas Rosenblum Rosenblum Law Offices

Re: Joint Tenancy on Ameritrade Account

Hello:

Since I do not have all the facts of your situation and I would have more questions, I can only givce a limited answer. I do not believe this is a criminal case, but it is only a civil case. That is, he can only sue for money. Thus, you have no worry of being a felon!

Also, if the acct. was joint, you would be entitled to some of the proceeds. It may not matter that you did not put funds into that acct. It may be considered a gift to you when he put your name on the acct. Regarding the type of actions he is suing under, civil theft probably won't work for him, that is used in other types of cases. Anyone can sue someone under any type of case, that doesn't mean they will win.

'Hope this helps. Tom Rosenblum

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Answered on 3/12/08, 9:56 am


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