Many married readers will have decided to open a joint bank account with their spouse. So far, this hadn’t caused any major problems. Finance management was simple and allowed both of us to withdraw any amount from this account. Well, everything has changed. The Supreme Court of Cassation ruled with an order destined to make history.
Many will have happened to go to the bank or ATM and withdraw, in an absolutely serene way, a sum of money from the joint account. The Supreme Court has ruled that this is no longer possible without certain conditions. Therefore, the wife and husband with the joint account must be careful with this decision of the Supreme Court.
The case under consideration
But what exactly happened? On September 22, 2021, the Court of Cassation issued ordinance no. 25684, that is destined to change many habits of Italian couples.
In essence, the Supreme Court has decided that the withdrawal of money from the joint account is no longer possible, if the will of one of the two spouses is lacking. This is because, according to the Court, it is not certain that one of the two can withdraw the other’s money without his consent.
The case under consideration is precisely that of a husband who had withdrawn a certain sum from the joint account without telling his wife. The latter had an assessment made on the amount originally paid, did not approve that withdrawal and decided to proceed by legal means.
The togates of the Supreme Court have specified that the money is the property of the couple only when there is the will, on the part of the payer, to share it. In the case analyzed, the man was accused of illegally pocketing his wife’s money. The husband had not only to repay the sum, but also to pay the due taxes.
Wife and husband with joint account must be careful with this decision of the Supreme Court
In the order, the Supreme Court clarifies that the simple fact of paying a sum into an account jointly held with one’s spouse “does not constitute an act of liberality”. That is, it does not justify withdrawing the sum without asking for consent first. The possibility that the sum can be used freely by both spouses occurs only when the existence of the so-called “intention of giving”.
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