Cristina Varela and Carlos Alberto Bernachea were in a romantic relationship and shared a Merrill Lynch CMA account. Varela claims she had access to the account and was added as a joint tenant. Bernachea argued that he was the sole owner and claimed Varela withdrew funds without his permission. The lawsuit was filed to settle the ownership dispute of the CMA account.
The most relevant facts for the court's analysis are the joint tenancy agreement, Varela's access to the account, and Bernachea's rebuttal of the gift presumption.
Varela v. Bernachea (2005)
Florida District Court of Appeal
917 So. 2d 295
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