Joint accounts and debts
Naomi’s story
When I split up with Mark, my partner of 22 years, we agreed that he would keep the money left in our joint bank account. It seemed easiest to just have my name removed from the account. So I handed my cut-up debit card and cheque book into the bank with a letter asking to have my name taken off the account.
However, the bank said they were unable to change the account until they received confirmation from Mark because his was the first name on the account. And for some reason Mark didn't do this. He wasn't being malicious - he just didn't want to let go.
Despite asking on many occasions, it took 8 months for the bank to take my name off the account, and in all that time the account went in and out of debt which I could have been held responsible for! In the end it was only solved because I went into the bank and demanded that if they refused to take me off the account they should give me a new debit card and cheque book! If I could be held responsible for the debts I should at least be able to spend the money myself!
Joint Accounts
If you have a bank account in joint names you will need to take action. If you have decided it would be easier for one of you to keep the account, make sure you let your bank know the situation and change the account into one name only. This provides security for both of you.
If you keep the account you can sleep safe in the knowledge that your ex cannot get their hands on your hard-earned money.
If you are having your name taken off the account you have has the security of knowing that you will not be held responsible if your ex runs up a massive overdraft.
Having said that, removing a name from a joint account isn't always as easy as it sounds. Some banks will only take the instruction from the 'main account holder', which is simply the person whose name was put first on the form when the account was opened. To save any hassle, write a quick note to the bank manager straight away whilst you are sorting out your split, explaining what you want them to do, and then both sign it.
Debts
If you have joint debts or debts that were built up jointly you need to decide how you will deal with them.
Legally, if the debt is in your name, you and you alone are responsible for paying it off; it doesn’t matter who spent the money in the first place. If you are leaving your partner with debts you helped to build up it is probably only fair that you agree to make a voluntary contribution towards them. However, if you don't want to, nobody can force you.
If you have debts held in both names that one of you has agreed to pay off, you should inform the credit company of your agreement, and give them the new contact details for both of you.
Your private agreement does not change the fact that you are both liable for the debt, but if they understand the arrangement they should let you know if the payments are not being made. This is important because if, for any reason, your ex doesn’t make the payments the company will take debt recovery proceedings against both of you. They don’t have to serve you with notice of the proceedings in person, so you could wake up one day to discover that a county court judgement has been made against you, without you knowing anything about it.
If you’re having problems with your debts make an appointment with your local advice agency or Citizen’s Advice Bureau. Take the details of all your debts, and talk it through with them. They can negotiate with the companies on your behalf and may be able to reduce the amounts you have to pay each month.
To download all our breaking up information as a leaflet click on 
Breaking Up checklist (482 KB).
