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Old 24.11.2021, 19:28
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Freezing a joint bank account after being emptied by the spouse

Hi, I am asking for a friend who found himself in a challenging situation. He is Swiss and been married to an EU national who relocated this year from Switzerland to an EU country where she currently works & resides. Though no separation paperwork has been filed, they have been living apart for over a year. They still share a Swiss bank account where the rental income from their property is transferred on a regular basis. Recently, his spouse emptied the bank account which had a significant amount on it without informing him. Can he legally freeze/block the account before the next payment arrives (so that neither of the parties can access the funds) or is the other party's consent required? Has anyone here dealt with a similar situation or has expertise?
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Old 24.11.2021, 19:31
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Re: Freezing a joint bank account after being emptied by the spouse

I’d say no. A joint account is exactly that.

Open a new account in his name only and use that.
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Old 24.11.2021, 19:38
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Re: Freezing a joint bank account after being emptied by the spouse

Get a new bank account where both parties consent is required for withdrawals, not sure it exists but I would be surprised if it didn't.
He should get a lawyer and divorce, or the money is gone for good.
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Old 24.11.2021, 19:44
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Re: Freezing a joint bank account after being emptied by the spouse

Open a new single account and redirect these „payments“ into it…
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Old 24.11.2021, 19:58
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Re: Freezing a joint bank account after being emptied by the spouse

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Hi, I am asking for a friend who found himself in a challenging situation. He is Swiss and been married to an EU national who relocated this year from Switzerland to an EU country where she currently works & resides. Though no separation paperwork has been filed, they have been living apart for over a year. They still share a Swiss bank account where the rental income from their property is transferred on a regular basis. Recently, his spouse emptied the bank account which had a significant amount on it without informing him. Can he legally freeze/block the account before the next payment arrives (so that neither of the parties can access the funds) or is the other party's consent required? Has anyone here dealt with a similar situation or has expertise?
Your friend needs to get proper legal advice. As you say 'their' property, 'their' rental income going into 'their' account.... you can't just go and prevent someone from making use of their own property... even attempting to have the rental income diverted to another account could result in a criminal complaint. Get advice.
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