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Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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As part of a divorce settlement on 2008, I signed an agreement

Customer Question

As part of a divorce settlement on 2008, I signed an agreement that required my ex husband to contribute 18% of his salary whilst I contributed 15% of mine to cover my son's school fees, clothes, etc but not his "board and lodgings", the implication being that my son would split his time equally between the two of us, although this is not specifcally stated in the agreement. In reality, my son spent 100% of his time with me and despite numerous requests, my ex husband refused to make any further contibution to cover general living expenses.

The same agreement requird us to pay our bonuses received during March 2007 into a joint account to cover the costs of the divorce and legal expenses, including stamp duty, on any property purchases with the surplus being split equally unless I exercised my right to buy the matrimonial home, which I did. In this scenario my ex husband was entitled to a payment of stanp duty on a property to the value of £350,000 at the prevailing rate.

Since the date of the agreement my ex husband has lived in rented accommodation and the money deposited in 2007 (c£7,500) remains in an account in joint names with either to sign for withdrawals.

Not having childcare responsibilities for the last 5 years has allowed my ex husband to further his career, whilst they have limited mine and he is currently earning c£20,000 p.a. more than I am. Whilst my son is now at University, I am struggling financially with the legacy of bringing him up on my own, with food bills alone having cost in the region of £9600 for the period in question.

Given the passage of time, the absence of a contribution to my son's day to day living expenses and the fact that the c£7500 remains deposited in joint names, what are the likely ramifications of me withdrawing the monies held in joint names in their entirity?
Submitted: 5 years ago.
Category: Law
Expert:  Clare replied 5 years ago.
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
The only basis on which you can remove the money without your ex being able to recover it is if you apply to the court to vary the order on the basis that he has not chosen to purchase a property