Expenses incurred for the needs of the family and those attributed to spousal solidarity do not give rise to any right to reimbursement
Joint Accounts
Co-ownership of a bank account between spouses gives them, according to Art. 1854 of the Civil Code, the quality of joint creditors or debtors of the account balances, both in relation to third parties and internal relations. Furthermore, the joint account presumes the joint ownership of the object of the contract, subject to evidence to the contrary on the part of the party claiming a legal situation different from that resulting from the joint account itself. Such proof can also be provided through simple presumptions, provided they are serious, precise, and concordant.
In fact, as observed in the Court of Cassation judgment no. 28772 of 2023, exclusively funding the current account does not imply sole ownership of the amounts deposited therein. On sums deposited in a joint account, in fact, there is a presumption of joint ownership.
Expenses Incurred for the Family
The fact that one of the parties, who has made fewer deposits into the account, has made withdrawals of the funds does not imply, in the event of a marital crisis, a right to reimbursement from the spouse who has contributed more. This is especially true if the withdrawals were made for purposes related to the maintenance of the family.
As stated by the judges, in fact, the checking account, in the case submitted to the review of legitimacy, had been opened by the spouses jointly and for the present and future needs of the entire family, and, in addition, the spouses had signed, jointly and for equal shares, securities deposit, and investment contracts, as documented by the counterclaimant.
More generally, as confirmed by constant case law, expenses made for the needs of the family and attributable to the logic of spousal solidarity, in fulfillment of the obligation to contribute under Article 143 of the Civil Code, are not covered by the agreement. – which in the present case draw provision in a joint account -, do not determine any right to reimbursement.
