Seperated - various problems

AlisonCVS

My brother in law's wife has just left him for another man. The tenancy is in her name but she walked out and left him with the kids. Now she comes around banging on the door demanding to be let in. She got arrested by the police because of her aggression towards him in front of one of the kids.

a) I don't think he can stop her entering the house unless he can change over the tenancy agreement - how does he do that as she is not likely to make it easy. He does not just want her walking in whenever she likes - he will probably end up coming home to a completely empty house!

b) they have a joint bank account - how can he stop her wiping it out and using the over draft. Have told him to contact the bank to explain asap but he needs a bank account to pay in his wages etc.

c) how easy is it to get an injuntion re her threatening behaviour and so he can protect the kids from these outbursts

d) she is claiming the child benefit - he has contacted them for a new claim form which I assume will sort that

e) he is not on a high income so have said he should claim child tax credits

any help, advice, answers much appreciated.

Thanks

Paparika

C, he needs to see a solicitor for that, sounds like the sooner the better,

yes go to the bank and talk to them, and can he contact the landlord and talk to him about the tenancy

pinkshoes

a) Who do they rent off? If it's privately rented, he'll no doubt need a credit check to prove he can afford it. He should phone up and discuss with the relevant person

b) He should open his own bank account immediately and get his wages paid into it. This can be done straight away. The bank might also freeze the current account to prevent it being wiped.

c) Each time she has a violent outburst, he must call the police and keep a record of it.

d) yup, should be him now claiming.

e) he should go to entitledto.co.uk to see what he can claim in benefits. He should also let them know that she should no longer be claiming these.

MrsTinks

AlisonCVS wrote: »

a) I don't think he can stop her entering the house unless he can change over the tenancy agreement - how does he do that as she is not likely to make it easy. He does not just want her walking in whenever she likes - he will probably end up coming home to a completely empty house!
So long as the tenancy is in her name he can't stop her coming in and more to the point she can get a locksmith out to let her in legally... He can't just change the tenancy however. The landlord would have to serve her notice and then do a new tenancy with him - assuming that he's not on the agreement at all?

b) they have a joint bank account - how can he stop her wiping it out and using the over draft. Have told him to contact the bank to explain asap but he needs a bank account to pay in his wages etc.
Solicitor! He needs to set up an account asap in his own name and then get a legal letter to the bank asking them to freeze that account so she can't empty it. Otherwise she can apply for an overdraft and spend it leaving him to pay it...

c) how easy is it to get an injuntion re her threatening behaviour and so he can protect the kids from these outbursts
I'd have said first step is to contact the police and make a formal complaint - they will be able to advise him.

d) she is claiming the child benefit - he has contacted them for a new claim form which I assume will sort that
Depends... has he legally got parental responcibility for the children? If not then he needs to get some legal advice on this ASAP!

e) he is not on a high income so have said he should claim child tax credits

any help, advice, answers much appreciated.

Thanks

Your brother needs to get some proper legal advice ASAP I'm afraid - first port of call is to make sure he gets legal responcibility for the kids...

floss2

(a) He needs to speak to the landlord ASAP, quoting the crime number form her arrest as evidence of domestic violence (yes it DOES happen against men). They should then arrange for locks to be changed.

(b) He needs to tell the bank they are splitting up, and open a new account with a different bank ASAP

(c) Don't know sorry, but speak to the Domestic Violence officer at the police station

(d) Should be sorted with new form - may need crime number to support it

(e) Look on https://www.entitledto.co.uk to check this out

Evansangel

Definatly open a new account at a different bank, as the bank can take money from his new account to cover any debt on the overdraft.

x

RAS

Hi

As soon as he has his wages paid in elsewhere, he needs to write to the bank, preferably ensuring that the letter is signed for, advise them of the breakdown and that all future debts must have both signatures.

But he must get all his income moved across first and if there is money in it, then transfer at least half out of it.