Joint Bank account

Hi Guys, currently seperated fom my partner and in the process of applying for a divorce and sorting out our finances. My partner has decided that she wants to claim back monies that I have spent over the last 5 or more years from our bank account even though both of us have paid into this account for the last 20+ years. We have never queried each others spending habits and I feel aggrieved that they are taking this course of action. My question is really can they do this?

Welcome to Wikivorce.

Are we talking about large sums of money, or just regular spending?

As far as I know, joint bank accounts mean that the money in it can be used by either party, rather than there being "your money" and "her money"; one of you could legally withdraw the entire balance without the other's knowledge or agreement.

Usually, especially where both parties have contributed to the joint account, there isn't a requirement to pay back any monies to the other person as the funds were not soley theirs in the first place.

Just regular spending and things like credit card payments, loan payments, presents, shopping etc. No large sums of money.

If it’s in a joint bank account then either of you can treat the full amount as your own and do what you wish with it.

if you still have the account get it closed to protect yourself from her withdrawing everything in it and leaving an overdraft.

She can claim whatever she wants.

It is up to you whether you agree with her claim and want to back down. Or if you want to potentially waste legal fees or time (if you self represent) fighting this matter.

If there is a disparity in terms of income, assets, liabilities, pension, childcare, etc you should not be surprised if there is a departure from equality. For example, a 60/40 or 70/30 asset split.