Question:
There is talk of divorce between my uncle and aunt. My uncle opened an account at the post office in my aunt’s name and deposited a lot of money in it, with him as the nominee. If they get divorced, can my uncle get the money back legally?
Answer:
In Bangladesh, when money is deposited in an account, the nominee is legally entitled to receive the amount upon the account holder’s death. However, the situation changes if the account holder is still alive, especially in the case of a divorce.
Here are the key legal aspects:
- Nominee’s Role:
The nominee in a bank or post office account is not necessarily the owner of the money. The nominee is designated to receive the amount in case of the account holder’s death. If your aunt is still alive, your uncle, as the nominee, may not be able to claim the money without her consent. In this case, your uncle cannot take the money just because he is the nominee unless there is a specific agreement or legal reason allowing him to do so. - Divorce and Asset Division:
In the event of a divorce, the money deposited in your aunt’s account can become part of the joint assets if it was deposited during the marriage and used for family purposes. The division of marital property under Bangladesh family law (Muslim Family Law Ordinance or other relevant laws, depending on their religion) typically includes assets acquired during the marriage, such as money saved in joint accounts or accounts used for family expenses.- If your uncle is seeking to retrieve the money after a divorce, he must demonstrate that the money was jointly intended or that he had a legal right to access it.
- The court will likely assess whether the money was deposited as part of the couple’s shared assets and will divide the assets accordingly.
- Can Uncle Claim the Money After Divorce?
If the divorce occurs and your aunt is still alive, your uncle may still face difficulty accessing the money if she refuses. Legal action would likely be required if he wishes to retrieve the money, but it may involve proving that the money was deposited with mutual consent for family needs, rather than as a personal deposit in her name alone. - Possible Legal Action:
If your uncle believes he has a legitimate claim to the money, he may consider seeking legal advice from a family lawyer. The court may order the division of assets, including the money in the account, as part of the divorce proceedings. However, as a nominee, he does not have an automatic right to access the funds unless it can be demonstrated that it was part of shared marital property.