Jointly and severally liable
Discussion
Not that I’m aware of. They are equally liable for the whole debt. The bank won’t allow the account to be closed until the balance is zeroed.
Either party should be able to ask the account to be frozen without the consent of the other, which would prevent any money from being drawn out but not paid in. It would then require both account holders’ agreement to un-freeze.
If they are married and not co-operating then ultimately the debt would get included in financial remedy proceedings.
Either party should be able to ask the account to be frozen without the consent of the other, which would prevent any money from being drawn out but not paid in. It would then require both account holders’ agreement to un-freeze.
If they are married and not co-operating then ultimately the debt would get included in financial remedy proceedings.
JohnnyJones said:
If two people split up with a joint account in arrears is there any way the debt can be split giving each party their own liabilities?
Legally, yes there is, there always is. But you will need the bank to agree to the change. Even if you could track down someone within the bank with the authority to waive the standard terms of their current accounts, the likelihood of them agreeing to do so is practically zero. They currently have two people on the hook for the entire debt and I can't think of any compelling reason why they would ever want to let go of that.So my lawyerly pedant head said "yes it is possible" but by everyday head says "it will not be possible in practice"
I've been married over 45 years - to the same woman, I hasten to add!
We've never considered having separate accounts or property held other than jointly.
Just call me old fashioned, I suppose.
When we took out ISAs the first time, Mrs Toothless gave me a funny look as they weren't in both our names. I had to point out what the I in ISA stood for.
We've never considered having separate accounts or property held other than jointly.
Just call me old fashioned, I suppose.
When we took out ISAs the first time, Mrs Toothless gave me a funny look as they weren't in both our names. I had to point out what the I in ISA stood for.

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