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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can my sisters estranged husband take control of her credit

Resolved Question:

Can my sisters estranged husband take control of her credit line
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Can you explain a little more about the background to your question please?
Clare
Customer: replied 2 years ago.

My sister and her husband have lived estranged in the same house 2 years. They have actually been married years. He is a mechanic, but unfortunately suffers from alcoholism but unconfessed.

The situation has got so bad my sister filed and in turn her husband went to the bank where they hold all their various accounts, and transfered all the direct debits and standing orders from their joint account and set them up in a new account solely in his name! This is obviously a control thing which runs in line with the sort of abuse she has been suffering over many years.

Her problem is she has now had her credit line taken away from her as she cannot access the account that has been opened to view whether all these mortgages and bills are being paid.

Can she legally get control of these joint debts without alarming her creditors, as many of these direct debits are mortgages and insurances properties they jointly own! He has also taken her direct debit mobile phone and hospital plan insurance, which is very alarming as she has already suffered a heart attack and has type 2 diabetes.

Look forward to your response

Robert

Expert:  Clare replied 2 years ago.

What separate income stream does your sister have?
Clare
Customer: replied 2 years ago.

None other than the profit from their joint company Pallisters limited.

They have 2 residential buy to lets and 2 commercial units, one of which Mr Pallister rents from Pallisters Ltd to carry on his mechanical workshop.

Trust this helps

Robert

Expert:  Clare replied 2 years ago.

How far has the divorce reached?
Clare
Customer: replied 2 years ago.

Still awaiting reply from respondant!

Robert

Expert:  Clare replied 2 years ago.

Has she arranged service (assuming that the Petition is based on Unreasonable Behaviour)
What is her major concern about the closing of the joint account?
Clare
Customer: replied 2 years ago.

the divorce is taking it's normal course.

The problem with him being in control of her credit line is that she can miss the payments on her bill without any knowledge of whats happening! This surely cannot be legal that you cannot view your own financial situation due to someone else's actions! This is the control abuse she has suffered many years! The bank did not even enquire why he was making such drastics changes to the account.

Robert

Expert:  Clare replied 2 years ago.

failing to respond to a divorce petition is a typical delaying tactic so she does need to be on top of it.
I am afraid that he has done nothing wrong in terms of the bank account - as a joint account holder he was entitled to move the direct debits - and it is a step often taken within divorce proceedings.
Any bills which are in joint names or her sole name can be accessed by simply contacting the provider. There is no worry about "alerting them" - indeed it is a good thing to make sure that they are aware of the position and to ensure than any letters etc to her will still be addressed to the family home
In the event that he does not make a payment and if your sister has no other income from which to meet the bill she can make an Urgent application maintenance to cover the outgoings
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Has the bank not a duty of care to both parties if a joint bank account?

Robert

Expert:  Clare replied 2 years ago.

There is no duty of care involved I am afraid
He has simply transferred the debits to another account as he is legally entitled to do
Clare
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