I had a similar case (again, HBMS) but the claimant said the money belonged to the ex-partner. It seems they remained on good terms after the divorce.
I asked myself the folowing questions
a) Is the account was solely in the name of the claimant?
b) If so did the clamant have full control of the money?
c) could the claimant withdraw money without any else’s permission?
If the answers to the above were “yes” then the money was the claimants.
I also asked myself if there was any evidence that the money belonged to someone else. If the answer was “no” I decided it would be up to the claimant to prove the money didn’t belong to them. Otherewise I would include the capital in their assessment.
Hope this helps.
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