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Alex J.
Alex J., Solicitor
Category: Family Law
Satisfied Customers: 3652
Experience:  Solicitors 2 years plus PQE
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My ex-partner and I have a Mortgage Current Account offset

Customer Question

My ex-partner and I have a Mortgage Current Account offset with our mortgage with a negative reserve he took out the rest of the money in it up to the reserve limit.
Obviously I am liable this amount taken out as a joint account holder. Do I have the legal right to demand that he return the money to the account. I think he wants to use the money as mediating leverage and co-parenting.
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

, Thank you question and welcome. My name is ***** ***** I will assist you. You could sue him money to be returned but you be on shaky ground if the bank have not actually demand repayment.

Alex J. :

If the bank demands repayment you would have the right to sue under the Civil Liability (Contributions) Act 1978.

Alex J. :

This allows and several debtors to recover what is owed from the co debtor.

Alex J. :

If the money is relevant to a family court issue that would be another matter.

Alex J. :

I look forward to hearing from you.

JACUSTOMER-5zxzxlo4- :

It is relevant to a family issue, I believe he could be trying to use it as leverage mediation.

JACUSTOMER-5zxzxlo4- :

and him wanting 50-50 care of children. Whereas I currently do 95% of the care having built my life around the family.

Alex J. :

, Thank you. If you make an application support this will be relevant. I would suggest you download statements and keep evidence of what he has done.

Alex J. :

I will refer this to one of my colleagues who is a family law expert to assist you. Kind regards AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3652
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Expert:  Alex J. replied 2 years ago.
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Customer: replied 2 years ago.

Have got the statement, thanks speedy responses.

Expert:  Alex J. replied 2 years ago.
,
I wish you the best of luck.
I have referred this to my colleague.
Kind regards
AJ
Customer: replied 2 years ago.

I've not heard from your colleague yet, will need them to ask about a Parental Responsibility agreement he has asked me to sign and attend court to give him. Son born before 1.12.2003

Expert:  Clare replied 2 years ago.

Thank you question.
My name is ***** ***** I will do my best to help you
This is an issue which will be relevant to the financial side of the negotiations and your partner will indeed have to account money that he has taken
Clare
Customer: replied 2 years ago.

If he refuses to return it to our Mortgage Account will I be liable? - as it is joint mortgage and takes us back up to the full amount of the mortgage

Expert:  Clare replied 2 years ago.

Yes I am afraid it remains a joint liability- however within the Family court proceedings this can be dealt with
Clare
Customer: replied 2 years ago.
OK that's as I thought. Thank you response.
Expert:  Clare replied 2 years ago.

You are most welcome
Clare

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