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Form finding within familycourt?? Wife is withdrawing money from Joint house Loan account and I have to stop this from happening again!

Hi. Hope someone can help! First post. OK here goes.

Wife is withdrawing money from joint house loan account. I need to get some form so I can fill it in and post to the Family Court to possibly stop this from happening again!

Looking in the All forms section A-Z… Have no idea which form to get? :'(

Urgent help needed would like to fill it in tonight.

Thanks.

Banking extracation after Separation

This is a real problem for separating parents.

Financial bank accounts, property and shares all have to be extracted and separated. There is no form for what you want to do. You need to deal with it as part of a general case proceeding and I assume you have been through the FRC (Family relationship Center) process or spoken to them via the hot line?

You cannot get immediate relief from a court but you can get immediate relief from a call to your local bank manager to freeze the account. If you go to court you can kiss any funds goodbye by the time you get any restraint.

Possession is 9/10th of the law and to get it back will often cost more than was taken.

If one party to a joint account requests that the account is to be frozen then the bank will immediately freeze the account. I assume that BOTH parties can withdraw funds in this joint account without consent from the other. That is each signature can operate the joint account without the need for a second signature.

Freezing a bank account also can have major repercussions if the account is say a business account with receipts incoming from business activities.

You will need to immediately set up a new account to receive yr salary or business receipts and pay out of those new sole signatory accounts. You will also need to sort out who is paying what out of any auto payments as all auto payments will be bounced if the account is frozen. It is better to advise the payees that you are changing bank account rather than let them start any letter writing and or default letters. You do not need to say why. The same goes for the bank. You do not need to tell them why you want the account frozen. You can just say you will only accept the account being operated with two signatures and not one. See what they have to say. If they are not prepared to do that your next step is to advise them in writing (fax) that you want the account frozen.

If it is the only account your partner operates on then you will have one very irate partner who will no longer be able to draw funds. You must protect the total family assets from being eroded by one or other of the parties because at the end of the day they will need to be fairly split.

The cold hard facts of separation hit hardest at the bank accounts. You will need your own. You can also advise the bank that you will no longer accept any draw down on equity in the family home to further stop any increased mortgage draw down. The accounting and banking extraction are one of the hardest pieces to extricate after contact arrangements with children. Both need to be dealt with up front sooner than later.

If you want further info you would be wise to join the site as a site member.

Executive Secretary - Shared Parenting Council of Australia
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Guest said
Hi hope someone can help! First post..ok here goes.

Wife is withdrawing money from Joint house Loan account need to get some form so i can fill it in & post to the Familycourt so possible to stop this from happening again!
Looking in the All forms section A-Z…Have no idea which form to get??:'(
Urgent help needed would like to fill it in tonight.Thanks
In fact it might be easier  to with drawl all the money you can from the join loan and put it in an account of just your name, at a different bank. Do not spend the money, as you will most probably have to pay some of it out in settlement. THE MONEY IS NOT YOURS TO DO AS YOU LIKE WITH.

Go and see your bank manager first thing. Get them to freeze the account after you have taken out the money.  Credit cards etc, get changed in to your name only. Check what name the bills are in.

The money(some if not all) she has withdrawn will go back in to the pot as add back. See Form 13.

Write to your wife telling her what you have done.  Make sure you do not leave your wife with out financial support, especially if the children are with her. She might need that money for expenses.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
I agree with the advice to go to the bank asap in person and in writing. If they don't suspend the account immediately ask to see someone in charge. Time is of the essence.
I agree that sometimes funds used by one party after separation can be added back it is not automatic. It could be argued that it was money essential to live on.
Also consider this, can you prove who withdrew the money? If it came from an ATM there may be a dispute over who drew it out.
Get on to it.

Bank account

Testing-one-two said
I agree with the advice to go to the bank asap in person and in writing. If they don't suspend the account immediately ask to see someone in charge. Time is of the essence.
I agree that sometimes funds used by one party after separation can be added back it is not automatic. It could be argued that it was money essential to live on.
Also consider this, can you prove who withdrew the money? If it came from an ATM there may be a dispute over who drew it out.
Get on to it.
 Testing one two makes a very good about the withdrawl being by ATM. How do you prove it was your wife. Hopefully she will of put the money in to her account, then you have a paper evidence that suggests she took the money out.

Just to clarify - Trying to get the bank account frozen is your first choice of action; with taking the money out of the account, is only to be done if they will not freeze the account. My above comments about the money apply, that is, it is not yours to do as you will.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
In addition to the other replies, I would add the following:

As it's a home loan account, it will be difficult to "freeze" as it has interest and payments that need to be credited and debited or the mortgage will be in default.

The home loan must either be:
  1. A standard term loan with redraw facility - in this case the Bank can halt any redraw of funds immediately (this can be done over the phone as well).
  2. Line of Credit - have all cards and cheque books cancelled/suspended (this can also be done over the phone).

I'd recommend sending a letter to the Bank advising them of your current situation and request either of the above outcomes. To assist with speedy resolution, most banks have customer service fax lines for this type of thing. At least then, if any funds are withdrawn they have breached their duty of care by allowing your ex to withdraw disputed funds.

Remember to cancel or suspend any "packaged" credit cards or bank accounts.
The Uniform Consumer Credit Code (UCCC) will protect you but only after you have advised the Bank of the problem.
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