Economic Trauma at the End of a Civil Union

The end of a civil union is already a moment of profound emotional and personal vulnerability. When this painful transition is compounded by the discovery that one's partner has emptied a jointly held bank account, the sense of betrayal is joined by a concrete financial emergency. In such circumstances, the promptness of legal action is crucial to prevent the definitive dissipation of common assets. As a family lawyer in Milan, Avv. Marco Bianucci fully understands the delicacy and urgency of these situations, offering targeted legal support to protect the property rights of the injured party.

Joint Account and Savings Embezzlement: The Legal Framework

In our legal system, funds deposited in a joint account with separate signing authority are presumed to belong to each co-owner in equal parts, unless a different origin of the money can be proven. This means that, as a rule, each partner is entitled to fifty percent of the balance. If, at the time of the dissolution of the civil union, one of the partners withdraws the entire sum or a portion exceeding their half without the other's consent, they are committing an unlawful act. Such conduct not only violates the principles of fairness and good faith but directly infringes upon the former partner's property rights over their savings.

To counter this behavior, the legislator provides urgent precautionary measures. One of the most effective is the application for a conservatory attachment. This measure allows for the freezing of the embezzled funds, preventing them from being hidden, spent, or transferred to foreign accounts. The objective is to ensure that, at the end of the legal proceedings, there is an asset against which the injured partner can effectively claim to obtain the restitution of what is rightfully theirs.

The Bianucci Law Firm's Approach to Asset Protection

Addressing the unlawful embezzlement of funds requires a clear strategy and swift action. The approach of Avv. Marco Bianucci, an expert family lawyer in Milan, focuses first and foremost on a meticulous reconstruction of banking transactions. Through the analysis of bank statements and withdrawal timings, the firm works to unequivocally demonstrate the misappropriation of common funds, preparing to request the most appropriate precautionary measures from the competent judge.

The primary goal of the Bianucci Law Firm is always the concrete resolution of the client's problem. This means attempting, where conditions permit and without compromising urgent timelines, an out-of-court settlement to demand the immediate return of funds. If the other party proves uncooperative, Avv. Marco Bianucci is ready to act with determination in court, initiating all necessary procedures for the freezing of capital and the subsequent equitable division of the couple's assets.

Frequently Asked Questions

If the money in the account came only from my salary, can I get it all back?

Joint ownership creates a presumption of fifty-fifty co-ownership. However, if rigorous proof can be provided that the deposited sums originated exclusively from the income of only one partner in the civil union, this presumption can be overcome, and the restitution of the entire amount unjustly withdrawn can be requested by demonstrating the actual origin of the money.

How much time do I have to act after the account has been emptied?

Urgency is paramount in these cases. The longer the time elapsed since the unlawful withdrawal, the greater the risk that the money will be spent or transferred to inaccessible accounts, making recovery much more complex. It is essential to contact a professional as soon as the shortfall is discovered to immediately assess the filing of an urgent application and freeze the funds.

Can my ex-partner face criminal charges for taking the money?

In certain contexts, the withdrawal of money from a joint account may constitute the crime of embezzlement. However, in family and civil union contexts, specific grounds for non-punishability provided by the penal code for property crimes between relatives often apply. For this reason, the civil route for restitution and compensation is almost always the primary and most effective path to pursue.

Protect Your Savings: Request a Legal Consultation

Discovering that your savings have been embezzled by your partner at the end of a civil union requires immediate and strategic legal intervention. Do not let time compromise your ability to recover what is rightfully yours. Contact Avv. Marco Bianucci at the firm located at Via Alberto da Giussano, 26 in Milan to analyze your financial situation. During the initial consultation, the fastest and most effective legal actions to protect your economic interests and navigate the dissolution of the union with the greatest possible peace of mind will be evaluated.