Legal Question in Banking Law in Wisconsin
I am from Wisconsin. My live-in girlfriend and I have a joint account. I cashed out my pension plan check (it was a large sum of money) and it was deposited into our joint account. Two days later she transferred all of the money into her own private savings account. She will not give it back. Do I have any legal rights to get any of this back? Can I take her to court?
1 Answer from Attorneys
Read your joint account holder's agreement, which probably says that either of you has permission to use funds in the account. That means that the bank was only following your instructions in allowing the transaction. It might still be worthwhile to ask bank for help in convincing her to give the money back, however. Otherwise, if you have an agreement between you that she violated, you could potentially win a lawsuit against her if she violated your mutual understandings or agreements that you could prove in court. You might also be able to sue her for unjust enrichment. You would need an experienced civil litigation lawyer for such litigation, however, so talk to one of those as soon as possible.
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