A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Joint Bank Account Overdraft

  • Johankirchner
  • Johankirchner's Avatar Posted by
  • Junior Member
  • Junior Member
More
15 Jun 19 #508075 by Johankirchner
Topic started by Johankirchner
My wife, now EX Wife, fraudulently applied for an IVA, I got this cancelled providing the correct financial information, but we had an joint Barclays bank account. Before she applied for the IVA, SHE EMPTIED the overdraft (6k) apparently when you apply for an IVA THE bank remove her name from the joint bank account. Making me responsible for the overdraft. Her IVA IS CANCELLED so her Fraudulent activity needs to be restored and her name needs to be returned to the joint bank account. Who is responsible for undoing her fraud? She is not bankrupt anymore and the IVA WAS cancelled. All the money drawn from the bank account is on her name bank card transactions

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
17 Jun 19 #508109 by hadenoughnow
Reply from hadenoughnow
Oh dear. This is why joint accounts, especially when they have an overdraft facility, should always be closed as soon as practicable.

This can be taken into account when finances are settled. It may also be considered as poor conduct in relation to finances.

Hadenoughnow

  • Buster007
  • Buster007's Avatar
  • Senior Member
  • Senior Member
More
12 Aug 19 #509030 by Buster007
Reply from Buster007
Sorry to jump in on a conversation!!

But, 'It may also be considered as poor conduct in relation to finances.' is that a thing? and how will that effect the outcome? My wife did an IVA on dept she had run up without me knowing, because she now has no mortgage capacity I'm really worried about her taking most of the collateral in the house due to need!

Sorry to butt in!!

  • Lymm
  • Lymm's Avatar
  • Elite Member
  • Elite Member
More
13 Aug 19 #509047 by Lymm
Reply from Lymm
Hate to say but my ex cleared our bank account which was 10k in credit and left me and our children 5.5k in overdraft. For the 2 years of the divorce proceedings I paid the bank charges on this amount as he refused to pay anything. The bank said there was nothing I could do as it was a joint account andalthough they could see he took all the money I was as liable as him.
After the divorce in which he lied on his finance form , even his solicitor told the judge they had not been party to the completion of this form, he walked away with nearly half of the house. With my extra I paid off the debt and literally stood in the bank taking my name off the account as they put the money in so he couldn't do it to me again!
Never again would I ever have a joint account.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11