joint loan when getting divorced - i cant afford it

graciebelle

but i didnt think they could close a joint account unless both names on it signed to?

there is, and will not be an overdraft on it.

rhcp

It depends on the bank really!! It could be worthwhile giving them a call and explaining your situation and asking the to close the account. If they won't close it, ask them to freeze it, so it can't be used again unless both parties sign to say it's ok.

getmore4less

Open a new account for all your finances(with a bank you have no joint finances)

Get the joint account frozen.

getmore4less

Apples2 wrote: »

Don't use the Child as a weapon in this spat.

The Child is completely innocent and cares for you both equally.


Do the other stuff though about the accounts.

graciebelle wrote: »

noone has mentioned using the child as a weapon. I would not dream of doing so.

I think it was in reference to this

Emmzi wrote: »

Any chaance his parents would be helpful/ sympathetic? Are they close to their grandchild?

Emmzi

Indeed. Didn't suggest withholding contact etc. Just thought perhaps a strong mother could stop son acting like an !!!!.

I know my mum'd have stern words and get bro to behave...no impact on kid at all.

themull1

you can in effect, close your half of the joint account, when i got divorced, i went to bank and closed my half of the account, ex went in next day and closed his half. I presume if ex hadn't gone and closed his half, it would then revert to his account - but not sure on that one, i would never keep a joint account tho, he could spend loads of money then do a runner and you would be left with the debt. you need to sort out his payments from csa, can they not just take more out of his salary if he isn't paying enough? is it 15% net of salary?

SingleSue

After our divorce, the joint account (which had been my single account originally) had to have his name removed, to do this, we both had to sign a document before it could be passed back into my name solely.

Re the loan, my brother and his ex wife have a joint loan, my brother has been paying the full half whilst his ex wife made an agreement with the bank (Halifax) to pay a smaller amount for a time (she is now making her full half payment as well).

Hax

One thought - if he is intending on changing the loan payment to come from the joint account and if it's being collected by direct debit (which it probably is) then you could always cancel the DD a couple of days before the payment is due to go out, thus ensuring your money is still there

As others have said, you need to get the money paid into your account and get your side of the joint account closed - it'll remove some of the control he thinks he has over you - especially if you can get the CSA to simply collect the money for you.

rhcp

Hax wrote: »

One thought - if he is intending on changing the loan payment to come from the joint account and if it's being collected by direct debit (which it probably is) then you could always cancel the DD a couple of days before the payment is due to go out, thus ensuring your money is still there

That's an excellent idea. DD's take 14 days to set so just keep checking with the bank each month whether there are any DD's, and cancel them.

I suppose you could also claim that money put into a joint account is available to both parties and is in effect not maintenance at all, so tell him you want to claim loads of backdated maintenance!!!!

rtho782

If you can't CLOSE the account, you will be able to ask for it to be frozen.

If you speak to the bank and tell them you want this account closed, or reduced to his name only, they should be able to do that. If you are insistent that you no longer want a banking relationship with them/him, they will have to do SOMETHING, even if it is just freeze the account.

And then, yes, go to the CSA and get his wages taken at source. I'm going to go out on a limb and guess that the fact that he took your family to live in Germany means he's in the military? If so, a letter to his OC or CO about what he is doing to you would probably go a long way, and you should also be aware that the Army is EXTREMELY co-operative with the CSA and the courts with regards to bills etc.

What I mean is, it takes very little pushing for the CSA (or a court with a CCJ) to get an attachment to earnings and take money from him before he sees it.

If the money is being paid into a joint account right now, one could argue that he isn't paying you anything, he's putting it into an account in his name.