Legal Question in Civil Litigation in North Carolina

My 40 year old daughter was living with a man . She inherited $60,000and bought him a new truck, etc. She planned to leave him and the State they were in, and came here to purchase a house . There was about $20,000 in a joint checking account. All was her money .She wrote a check for a down payment on house as well as some other things. When she returned to his house to clear things up, he had emptied the account before her checks were cashed. She was left with nothing. Is there anything she can do ?

Asked on 10/29/17, 10:08 pm

2 Answers from Attorneys

If it was in a joint account - it became their money the moment she deposited it so the short answer is there is likely nothing she can do from a legal perspective. Consider it a very expensive lesson about joint accounts. However, to be on the safe side it never hurts to consult with a local attorney who can review her situation in more detail. Best of luck.

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Answered on 10/30/17, 4:54 am
Kenneth Love Ken Love Law

Unfortunately, I agree with Ms. Houser. When funds are deposited into a joint account, they become accessible by both parties. The fact that some of the funds were used to purchase a truck for him also hurts any argument she would have.

She could sue but:

1. Proving they were only her funds will be very difficult and

2. Even if she did win, collecting on a judgment, if here in NC, would be even more difficult.

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Answered on 10/30/17, 5:15 am

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