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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1845
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I jointly own a flat with my husband. We are now separated

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Hi, I jointly own a flat with my husband. We are now separated but the rent is paid into his account by the letting agent. We both signed the agreement with the letting agent. My husband won’t share details of the account or provide statements. Can I ask the letting agent to pay 50% into another account (possibly even a dormant old joint account). I want equal visibility and access. Or do I need a court order to get the payment details switched?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the flat located?
Customer: London, Canada Water
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, that’s it

Hello my name is ***** ***** I can help with this matter.

Customer: replied 7 months ago.
Thanks
Customer: replied 7 months ago.
Do you have a view?

What you will want to do is send a correspondence to your husband explaining that as you jointly own the flat then you are entitled to 50% share of the profit from the letting (not 50% of the rent but the profit). You will want to advise him to pay it into any account of your choosing. If he does not do this then it would be an idea to instruct a solicitor to write a letter to him and hopefully this will be enough if your own letter does not work. This usually does the trick. However, if he ignores everything then in reality you would have to look at instructing a solicitor to contact your husband and look at getting some kind of separation agreements in place, this would cover a lot more than just the rent from the flat. However, worst case scenario, if you cannot agree with things in anyway, you would had to go to a court and a judge would ultimately make a decision on who is to pay what to whom. However, this sort of thing is way down the line, and not quite as common as you would think. But do start of small with your own letter stating that you will instruct a lawyer if he doesn't agree then if needed have a legal letter written to him. I appreciate that these types of situations can be difficult and I sincerely ***** ***** get it sorted sooner rather than later.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Kind regards

Ross

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