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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Joint Bank Account

  • Flowerpot12
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09 Jul 12 #342064 by Flowerpot12
Topic started by Flowerpot12
My husband has been separated 3 years from his partner. He has a joint bank account that he hasn''t used since early 2010, he surrendered his cards back to the bank back in 2010. The a/c was £500 overdrawn when he last used it. His ex has maxed the o/d out to £2.5K and insists it is now all his debt. She will not pay a penny to close this account even though my husband has offered half the amount to close it. He is currently paying in £20 a month to keep it below the o/d level. The bank doesn''t want to know as it is a dispute between them. Is there any legal way we can insist on the closure without spending a fortune on lawyers.

  • vivi36
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09 Jul 12 #342066 by vivi36
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Hi,

I believe that a joint bank account is exactly that and he is jointly liable for the debt. Hindsight is a wonderful thing I''m going to say this for everyone else''s benefit....when you separate you have to go into the bank and lodge a dispute which will freeze the account for exactly this reason.

Have you done this now? if not he needs to phone them up and explain that the account is dispute. Which will stop her from using it.
Now he still has access to all of the statements, he could kindly ask for copy statements (they will probably charge him) and also ask for confirmation ofall his PAN numbers held for the duration of the account (these are the long 16 digit numbers across the middle of the card)
Now when you look at your statement each card transaction has 4 numbers next to it. These 4 numbers are the last 4 digits of your PAN.
This will, hopefully, prove that all bank statements have been sent to another address. And that all transactions have been done on her card. If there has been a card renewal for him sent to her and that card has been used then that is fraud.
Your bank may insist that the copy statements are sent out in the post. He could simply do a change of address as it is still his account.
I would gather up all the information first then lodge a dispute. And take that info to citizens advise.

I believe that when you open a joint account you are jointly liable for any debt. Thing is now for him to prove that it''s not his debt. And the bank won''t want to know but he can gather up what he can and escalate it with the help from CAB. They won''t simply close the account with such a large debt on it.

Do you hold any other accounts with them?

xx

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09 Jul 12 #342088 by Flowerpot12
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Hindsight is wonderful I agree. She continued to use the account until the sale of their house earlier this year. He didn''t touch it, but on completion of the house we discovered she had been emptying the account to its o/d level now. Hubbie put the account into dispute a few months ago, bank don''t care and won''t get involved. It is so frustrating. We recently discovered by looking at the statements that she had sold some of his bonds, forged his signature, the benefit of which went into the joint account which he hasn''t used and she has emptied. He won''t receive any benefit back as we have discovered the crime is against NS&I and not him - all so very complicated and tricky. He has discovered another joint account with another big high street bank that he wasn''t aware existed, again, forged signature. He has two endowments in joint names which she won''t agree to sign and divide either. Kids are all in their early 20''s, daughter lives with us.

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