Access to bank account when name on account unavailable
Discussion
Brother had separated from his girlfriend that he had a child with, separation was approx. 10 years ago and he continued to pay ex who would pay mortgage on the house and support for daughter. Daughter and ex continued to live in property.
Ex had recently attempted suicide and currently in hospital unresponsive for over a month, outlook not looking good. Meanwhile, money for daughter college etc. is being paid into ex's bank account but bills etc. no longer being paid.
Access is now required to the account to facilitate these payments including back payments before mortgage become issue and property is lost.
Brother seen "solicitor" and has been told nothing can be done while ex is still alive. Unknown what the quality of solicitor was or if some sort of advice bureau but brother seems to have accepted their advice and not pursuing any further. Meanwhile, no mortgage being paid on property.
Looking for some starter opinions to try and convince him to go and see someone else that can help.
Thanks
Ex had recently attempted suicide and currently in hospital unresponsive for over a month, outlook not looking good. Meanwhile, money for daughter college etc. is being paid into ex's bank account but bills etc. no longer being paid.
Access is now required to the account to facilitate these payments including back payments before mortgage become issue and property is lost.
Brother seen "solicitor" and has been told nothing can be done while ex is still alive. Unknown what the quality of solicitor was or if some sort of advice bureau but brother seems to have accepted their advice and not pursuing any further. Meanwhile, no mortgage being paid on property.
Looking for some starter opinions to try and convince him to go and see someone else that can help.
Thanks
hutchst said:
He should contact the mortgage co. and arrange to pay it directly himself.
Absolutely.Assume that he is named on the mortgage?
Don't let him fall into the trap of thinking that it's just down to her or that he can just pay 'his half', they will be jointly and severally liable for the debt/payments.
Speaking to the lender and making arrangements to pay/repay the arrears alongside the monthly installments would be the smart move.
Hol said:
I would have thought a court of protection could be used. Often used if someone is incapable of carrying out their affairs.
Yep, this ^.https://www.gov.uk/courts-tribunals/court-of-prote...
Slow and expensive, though.
There really is nothing else that can be done until the ex pegs it, then her will kicks in (or intestacy rules). Until that point, all he can do is keep a record of everything he spends on her behalf...
Presumably the sprog is with him at the mo?
Stop paying the money to the ex, and pay directly to those who shout loudest, including additional payments to Mortgage, as agreed with the Mortgage Co. For <3M arrears, they will generally write letters and thats it. No court will allow action below 3 months.
As above, keep meticulous records.
As above, keep meticulous records.
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