#dataprotectionuae

Joint bank accounts are usually opened for convenience. Spouses use them for household expenses. Family members use them to manage support payments. Business partners use them to run day-to-day operations.

The problem is that most people open a joint account thinking “joint” means shared decision-making, and that the person funding the account keeps control.

In practice, the default position is often the opposite.

The Default Rule in UAE Banking Practice

Most joint accounts are set up so that each named account holder can operate the account independently. That typically includes withdrawals and transfers without needing the other account holder’s consent.

If the person is an authorised account holder, the bank will usually process the transaction and it will not investigate who deposited the money, who should control it, or whether the withdrawal was morally justified.

Why “I Deposited the Money” Often Does Not Win the Dispute

If the account is opened without clear restrictions, it becomes difficult later to argue that a withdrawal was “unauthorised” or that the other holder automatically owes you the funds.

When a dispute lands in court, the key question becomes: what was the real agreement between the parties about how this account would be used? And, was the bank infromed about the said restritctions?

The UAE courts typically look for objective evidence, such as:

• the account mandate and any withdrawal controls agreed with the bank

• written agreements or messages showing the money was a loan or limited to a specific purpose

• emails or WhatsApp message confirming repayment obligations

• proof of repayment history or acknowledgements of debt

Dubai Court of Cassation Confirmation

This approach was expressly confirmed by the Dubai Court of Cassation, which affirmed that as a default rule, each joint account holder may withdraw without restriction and without the other party’s permission, unless withdrawal controls were agreed with the bank when the account was opened (for example: limits or approval requirements). (Dubai Court of Cassation, Real Estate Cassation No. 48/2023, 12 December 2023).

How to Protect Yourself When Opening a Joint Bank Account

If you are the primary funder and you expect control or limits, you should agree and record the operating mandate with the bank at the time the joint account is opened. Depending on the bank’s available options, this may include:

• Joint signatory authority for withdrawals and transfers (two-to-sign);

• Transaction limits, whether per transaction and/or daily caps;

• Prior approval requirements from the primary depositor for withdrawals or outbound transfers; and

• Any other mandate restrictions offered by the bank.

Separately, if the account is being used for a specific purpose (for example, property payments, construction costs, or business expenses), it is advisable to put in place a written agreement between you and the co-account holder governing: (i) permitted uses, (ii) approval mechanics, (iii) repayment (if portion of the funds are lended), and (iv) dispute and exit arrangements.

Takeaway

A joint account may be administratively convenient, but it presents material control and enforcement limitations unless an operating framework is established from the outset. Where restrictions are not expressly agreed and recorded at inception, withdrawals will generally be treated as authorised, and subsequent recovery claims are often difficult to substantiate.