splitting up and not married

liz105

I was under the impression that it is the fathers responsibility to keep a rook over the childrens heads until they are 16?

I would definately agree with opening the new bank account straight away. Leave the other one empty as far as you are concerned.

Where do banks stand these days with regards to removing names & subsequently liabilities from joint accounts??

zzzLazyDaisy

liz105 wrote: »

Where do banks stand these days with regards to removing names & subsequently liabilities from joint accounts??

You cannot close a joint account or remove one person from the account without BOTH account holders' written consent. However, a solicitor can get an account frozen if the parties are in dispute (in other words the relationship has broken down).

Be aware that if he runs up an overdraft on the account, you are jointly liable for it, as a joint account holder, even if you have not had any benefit from the money.

thesaint

liz105 wrote: »

I was under the impression that it is the fathers responsibility to keep a rook over the childrens heads until they are 16?<snip>

No, there's no such responsibility.(roof).

TITEASCRAMP

I feel for u, but i think u will feel better when u have seen solicitor.I would put the house up for sale as soon as. Even if u are entitled to stay in your house, u cant afford it and he wont help you will he. Once its sold u can get on with your life. I would then find a private rented house and apply for Housing Benefit.

liz105

Thank you saint (only just noticed my rook comment, picturing a rook above a family now keeping them dry!)

reason I asked was because I remember getting the sob story from two 'acquaintances' at work about how hard done by they were (one was a manager btw so not exactly poor) because he had just split from his partner and was having to pay the mortgage still due to this responsibility thing and that he couldnt force her to move out/sell up/buy him out.

If it was all porkies then it certainly fits in with the rest of his personality.

benbenandme

We weren't married when dp left us and like you we had a mortgage and a ds. I was informed he couldn't force me to sell the house until ds was 16. However, once I got myself sorted I paid him off the mortgage as I didn't want him profiting from its increased value in years to come and didn't want to risk having to sell my families home in future years so he could have his share, I wanted to close that chapter. Its still way too early for you to make big decisions about your future, but please keep seeking as much advice as possible ... sending you big hugs xx

thesaint

liz105 wrote: »

Thank you saint (only just noticed my rook comment, picturing a rook above a family now keeping them dry!)

reason I asked was because I remember getting the sob story from two 'acquaintances' at work about how hard done by they were (one was a manager btw so not exactly poor) because he had just split from his partner and was having to pay the mortgage still due to this responsibility thing and that he couldnt force her to move out/sell up/buy him out.

If it was all porkies then it certainly fits in with the rest of his personality.

If a house is jointly owned, both parties are responsible for the mortgage regardless of who lives in the house. If one party refuses to pay, the mortgage company will repossess if arrears accumulate.

If the house is owned outright, it is a different matter, if the couple are married, different rules apply and so on, and so on.

iceicebaby

Hiya Nicky

sending you hugs

Nothing more to add than whats been said but chin up and keep us informed how you go

Oldernotwiser

nicky7175 wrote: »

hi thanks for your reply no could not get into soliciter any quicker thats the earliest they could see me. yes mortgage is in joint names

Could you not pay to see a solicitor, taking the money out of the joint account?

nicky7175

hiya i suppose i could see a soliciter sooner but the joint acount is so far overdrawn i dont want to take any more from it, even if he is I had a letter from his soliciter this morning to say he wants kids every sunday from 9.30 till 5 he hasnt even spoke to kids in over 4 weeks and hasnt a suitable place for them to go back to a no vehicle to take them anywhere.
He has taken them swimming this morning and had to take my car, i told him he had to be back so little one could still have his lunchtime nap that he is used to and he didnt like that.
I apparently have another soliciters letter in post about financial stuff.
I do feel like i might want to sell house in the near future to get away from him and the loan and maybe rent somewhere for a tim ebeing but do not want to make the decision that quickly.
He even text me the other night and said for me to sign house over to him and the loan and me and the kids move out thats how much he thinks of the kids.

Quick question if i do rent a house does anybody know what sort of housing benefit i would be entitled to