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It can be found out.
Because after the husband's money is withdrawn, the bank will have a withdrawal record. The wife deposits her husband's money in the bank, and the bank will also have a deposit record. If the investigation is conducted, the assets in the names of the family members will be found.
Further Material: There are two opinions on whether a wife can withdraw her husband's savings at will
The first opinion is that credit unions.
shall bear the liability for breach of contract in the repayment of principal and interest. According to Article 29 of the Regulations on the Administration of Savings, depositors who withdraw unexpired fixed savings deposits in advance must present the certificate of deposit and the depositor's ID card.
Handle it clearly; If the withdrawal is made on behalf of the depositor, the person who withdraws the loan on behalf of the depositor must also hold his identity certificate. In this case, the credit cooperatives only relied on Li's deposit receipt, Zhang's ID card and Zhang's marriage certificate provided by Zhang.
The payment of the principal and interest of the deposit to Zhang in advance was an improper operation and was at fault, and whether the deposit involved in this case belonged to the joint property of the husband and wife.
It is uncertain, so the credit union should compensate Li for the principal and interest of the deposit.
The second view was that the credit union was not liable. The reason is that, according to the relevant provisions of the "Regulations on the Administration of Savings", if the depositor entrusts another person to withdraw money on his behalf, the depositor shall pay the principal and interest according to the regulations after holding a valid certificate and deposit certificate, and the bank shall pay the principal and interest according to the regulations after verification, which is also a proper performance of the savings contract obligations.
In this case, although Li did not entrust his wife Zhang to withdraw the money on her behalf, she issued a marriage certificate, her own ID card and a deposit certificate in her husband's name to the staff of the credit cooperative, which was enough to make the credit union believe that she had ** right and constituted a performance**.
After reviewing the relevant documents provided by her, the credit cooperatives paid the principal and interest of the deposit to Zhang, which can be considered to be bona fide and not negligent.
Li's failure to properly keep the deposit receipts is an act of negligence in performing his duty of care, and the consequences arising therefrom should be borne by him.
Comment on whether the wife can withdraw her husband's savings at will
1: First of all, it should be clarified whether Zhang's behavior constitutes a performance**.
Performance** means lack of authority**.
The person's ** behavior objectively makes the counterpart believe that it has a ** right due to his own reasons, and it is a valid ** right, and the counterpart is subjectively good faith and not negligent, so he can claim the validity of ** from the ** person.
Article 49 of the Contract Law stipulates: "If the actor does not have the right to enter into a contract in the name of the person being the first person after the termination of the right, and the counterparty has reason to believe that the actor has the right to do so, the act is valid." "That's the rule of performance.
The performance ** is not right**, but because it has the certificate of external authorization, the counterpart has reason to believe that the actor has **right, and the law makes it have the same legal effect as the right to **.
To constitute a performance**, the following elements must be met:
First, the person without the right must carry out activities in the name of the person being **;
Second, the civil act between the person without the right and the counterparty must have the valid requirements for establishment;
Third, there must objectively be a circumstance that makes the counterparty believe that the person without the right has the right;
Fourth, the counterparty must be bona fide and not negligent.
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Hello. Take out your husband's money and deposit it in her wife's name. If the official wants to check, you can find it.
Because after the husband's money is withdrawn, the bank will have a withdrawal record. The wife deposits her husband's money in the bank, and the bank will also have a deposit record. These records are officially available.
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The husband's money is withdrawn and deposited in the bank under his wife's name, which can be found, and if it is investigated, the assets in the names of family members will be found.
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If it is a normal rollover, the bank will not check these normal fund flows. If the transfer has a certain purpose, or the ** of the funds is not legitimate, the bank may check. This is just talking about rollover, not that there is anything wrong with your money, please don't get me wrong.
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Of course, it can be checked, as long as the funds change, the transaction records can be found in the bank, which is very convenient to query.
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After the money is taken out, it is coded, and if you can check the money, you can find out where the money is by verifying the number.
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It seems that the money can't be checked by the bank casually, so it has to be with my consent before people can check Tongren for you, and you can't tear up this money.
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Individuals can't check it. The public security organs can find out the flow of funds.
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No. Although during the existence of the marital relationship, in the absence of a special agreement between the husband and wife, the property of the husband and wife belongs to the husband and wife, such joint ownership is only a right of joint management and disposal, and does not mean that one of the spouses has the right to inspect the bank account of the other party at will.
According to the laws of our country, financial institutions shall not inquire, freeze, or transfer savings deposits on behalf of any unit or individual, and shall not provide any unit or individual with information about their personal deposit accounts, and shall have the right to refuse any unit or individual to inquire, freeze, or transfer an individual's deposits in financial institutions, except as otherwise provided by law.
Legal basis. Article 8 of the Provisions on the Real-Name System for Individual Deposit Accounts Financial institutions and their staff members shall be responsible for maintaining the confidentiality of depositors' savings status and the situation of their personal deposit accounts, and financial institutions shall not inquire, freeze, or transfer savings deposits on behalf of any unit or individual, and shall not provide any unit or individual with information about their personal deposit accounts, and shall have the right to refuse any unit or individual to inquire, freeze, or transfer personal deposits in financial institutions, except as otherwise provided by law.
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Legal analysis: 1. If it is a fixed deposit and cash withdrawal at maturity, it is not necessary to be present in person. If it is withdrawn in advance, you need to withdraw cash on the spot with your ID card. As long as you know the password, you can make a demand deposit.
2. First of all, you must know the password of your husband's deposit slip, and then you must have your husband's original ID card and your wife's original ID card.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Legal analysis: It is generally required to take it in person, and if it is stored in Xian Town, it can be withdrawn in advance. For early withdrawal, Pai Chun must go in person, or the depositor must write a power of attorney and hand it over to the client together with his ID card and passbook, and the client will use his ID card and the depositor's ID card to go to the bank to withdraw the money.
You can't take out money with your family register.
Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Legal analysis: If the bank card is the husband's, the wife can actually withdraw money on behalf of the husband, but if it is to the bank's counter, that is, the counter to withdraw money, the counter may be more strict in review, because the preparation of the ruler is not the same person, you may need to bring the husband's ID card and the wife's own ID card, and the bank may also have to do some information such as the copy of the relevant identity imitation certificate.
Legal basis: Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China Article 26 The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.
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Legal analysis: The fixed deposit is in the wife's name, and the husband cannot withdraw the money with the passbook and marriage certificate.
However, it can be obtained with an ID card.
If someone else withdraws on behalf of others, you need to present the ID card of both the depositor and the person who withdraws on your behalf, and enter the correct password before you can withdraw money.
Note: If it is a large deposit (more than 50,000 yuan), the depositor must go to the depositor himself to flush and cultivate, and others cannot take it on behalf of others.
Legal basis: Measures for the Administration of Bank Card Business Article 28 When an individual applies for a bank card (except for Sankaiwei stored-value card), he or she shall provide the card-issuing bank with his or her valid identity certificate as stipulated by the public security department, and open a registered account for him after passing the examination and approval of the card-issuing bank;
Any unit that opens a basic deposit account with a financial institution within the territory of China shall apply for a unit card with the account opening permit issued by the People's Bank of China;
The bank card and its account can only be used by the cardholder approved by the issuing bank, and cannot be rented or lent.
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1. The bank card details belong to personal privacy, and no one has the right to inquire about other people's bank cards at will, even if they are husband and wife, unless the spouse agrees.
2. If one of the parties needs to inquire about the spouse's bank card due to the division of property or other reasons when the husband and wife divorce, then the parties can apply to the court and request the court to inquire ex officio. In addition, the person concerned does not have the right to check his or her spouse's bank card.
In the event of divorce, joint debts are divided as follows:
1. Distribution of joint debts in divorce: debts originally incurred by the husband and wife living together shall be repaid jointly;
2. If the joint property is insufficient to be repaid, or the property is owned by each other, the two parties shall negotiate to settle the repayment;
3. If it is a personal debt, it shall be returned by the individual.
Legal basis. Article 1062 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Production, operation, and investment returns;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned. Pre-dress.
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Legal basis: Civil Code of the People's Republic of China
Article 1032: Natural persons enjoy the right to privacy. The privacy rights of others must not be infringed upon by any organization or individual by means such as espionage, invasion, leakage, or disclosure.
Privacy refers to the tranquility of a natural person's private life and the private space, private activities, and private information that he or she does not want others to know.
1) Intruding on the tranquility of others' private lives by means such as **, text messages, instant messengers, e-mails, leaflets, etc.;
2) Entering, photographing, or peeping into other people's residences, hotel rooms, or other private spaces;
3) Photographing, peeping, eavesdropping, or disclosing the private activities of others;
4) Photographing or peeping at the intimate parts of another person's body;
5) Handling the private information of others;
6) Infringing on the privacy rights of others in other ways.
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Summary. Hello <>
I am glad to answer for you Can a wife use her husband's bank card to withdraw money: Yes, but only if she has her husband's permission and the funds on the bank card are not only her husband's personal property. In accordance with the relevant provisions of the Contract Law and the Civil Code:
Husbands and wives are members of the family relationship and have the obligation to help, support and assist each other, so husbands and wives can use each other's property. If you can't afford to spend money, you can withdraw money using your spouse's bank card.
Can a wife take her husband's bank card to withdraw money?
Hello <>
I am glad to answer for you Can a wife use her husband's bank card to withdraw money: Yes, but only if she has her husband's permission and the funds on the bank card are not only her husband's personal property. According to the relevant provisions of the Contract Law and the Civil Code:
Husbands and wives are members of the family relationship and have the obligation to help, support and assist each other, so husbands and wives can use each other's property. If your property cannot meet your expenses, you can withdraw money by using your spouse's bank card.
Hello, extended adds:1In the case of joint ownership of property between the husband and wife, it is not illegal for the husband and wife to use each other's bank cards to withdraw money, as long as the funds on the bank card are jointly owned by the husband and wife.
2.If the funds on the bank card only belong to the husband's personal property, and the husband uses his bank card to withdraw money without his permission, it constitutes an act of infringing on the property of others by burying a letter and violating the property, which is an illegal act. 3.
If there is a debt dispute or divorce between the husband and wife, it is necessary to use the other party's bank card to withdraw money carefully, and it is recommended to obtain the written consent of the other party in advance or follow the legal process. <>
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