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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My brother have split up. They own a house jointly, they

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Hi, My brother have split up. They own a house jointly, they have agreed to split the the money from the sale of the property 50 - 50. My brother has opened his own bank account and wants his 50% paid into that. They have two other joint accounts. My brother contacted his wife and told her this as he needs her permission to have his half paid into his own account. His wife refuses to give this permission. He has suggested that they close their joint account and she opens her own account. There is nothing in the joint accounts.
As his wife controlled their joint accounts and uses on line banking my brother is afraid that if the money goes into a joint account she will move all of it before he can get his share. His wife has moved to Ireland with a partner. How can he make sure he gets his 50% with no problems/

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Have they started divorce proceedings at all?

Customer: replied 4 months ago.
No.
Customer: replied 4 months ago.
Sorry for delay got called away. I would prefer to this in print so I can send your answers to my brother.
Customer: replied 4 months ago.
Need to go now perhaps we can continue this tomorrow.

In fact, unless they both agree none of the funds can be released - so he can simply say he does not agree to the release of any of the money to the joint account either - which means that at least it will be safe.

If no agreement can be reached then he will have to issue divorce proceedings and within those ask the court to deal with the financial issues.

With an Order from the court the monies can be released!

I hope that this is of assistance - please ask if you need further details

Clare and other Property Law Specialists are ready to help you