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Joint account, watch out for withdrawals: the Cassation intervenes

Bad news for many joint account holders who risk making a mistake that could lead to serious consequences. Here’s what it is.

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Starting from the weekly shopping up to the various daily needs, there are really many occasions in which we find ourselves having to put our hands in our wallet to pay for the various goods and services of our interest. A clear demonstration of how i money they can’t guarantee happiness, but they help solve a lot of problems.

It is therefore not surprising that money can often become the subject of discussion. A situation that can occur, in particular, in the presence of a joint account, with many risking to make a mistake that could lead to serious consequences. Let’s go into the details and see what there is to know about it.

Joint account, beware of withdrawals: everything you need to know

When opening a checking account cointestato, the bank reports the name of each of the interested parties, as owners of the current account. The latter, as such, therefore have the possibility to act on the account, carrying out the various withdrawal and deposit operations. However, things do not always go as hoped and in some cases there is a risk of committing a error which could bring with it serious consequences.

A clear example of this is shown by the recent ruling of the Court of Cassation number 25684 of 22 September 2021 which, as reported by ilgiornale.it, concerns a married couple. Going into the details of the affair, the husband withdrew money from the account without letting his wife know. The latter, in turn, had previously paid money earned exclusively by her.

Well, the husband’s gesture was not at all liked by the wife who felt robbed by her husband’s gesture. The latter, in turn, said he considered it implied that the money had been to him donated. Too bad for the man in question that this is not the case. As established by the Supreme Court, even by virtue of the wife’s complaint, in fact, it is not a donation at all. In fact, pouring money into a joint bank account does not necessarily mean that it is a donation to the other holders.

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To this end it is necessary that one be made specific statement or at least that a controversy does not arise. Seizing the money without the consent of the co-owner, therefore, can bring with it a lot of problems. Not only among the people involved, but also with the tax authorities. The reason? The Revenue Agency can tax the person in question for proceeds deriving from illegal activity. It is therefore better to avoid and never take anything for granted.

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