Solicitor accessing my bank accounts

[medsecslave]

My husband and I separated a year ago, sold the house and just divided everything 50/50. He's just told me he's seen a solicitor about divorce who has allegedly told him that she can access my bank accounts and those of my mother (to check if I'm being given handouts from her) with or without permission - surely that's not possible? Also according to him, if he can't afford to pay her bill she's said it will fall on me to pay it - he has to have misunderstood?

[Barmaid]

I think he has misunderstood.

If he instructs HIS solicitor HE is responsible for the bill. Even if he gets an award of costs against you, he is still responsible for the bill (but he can sue you to enforce the costs order).

As for his solicitor accessing your bank account, unless she does something underhand and illegal, she cannot do so without your permission or an order from the court.

If you have sorted everything out 50/50, what's the point in involving a solicitor (unless there are kids involved). If no kids, just do it yourself.

[medsecslave]

We gave my aunt 20K 7 years ago to buy her council home. The plan was she would leave it to us in her will. She's now gone into a residential home and the flat has been sold for 105K. We are due to get the original 20K back at the end of this month (divided) but he is creating havoc saying it was a family investment and we should have the whole amount back but of course it's seen as an asset as the deeds are still in her name and will go towards her fees for the home. As her home was being sold, her will was changed leaving everything to me now he wants me to put something in writing to the effect that come the day she is no longer here, I will share half of her money with him. I'm wouldn't do that without involving a solicitor but in any case I don't know how much will be left in the kitty and potentially she could change the will and suppose we divorced and he remarried, wouldn't his wife then be able to claim it as a debt? He is totally aggrieved by it all and I admit it's unfair but I can't change the situation. In a nutshell he's got back what he put in, we're now parted and my aunt's estate is left to me. I am willing to split what comes my way but am beginning to feel stressed and harrassed by it all.

[medsecslave]

PS The worst of it all is that my aunt is still very much alive and totally unaware of what's happening. He's like a vulture waiting to strike.

[Barmaid]

If you haven't seen a solicitor already, you need to. You need one who knows divorce law preferably with a department who knows about trust law. He is clearly alleging a constructive trust of your aunt's home. This is specialist stuff.

[medsecslave]

Barmaid, thanks for your replies but I'm not sure what constructive trust means. The solicitor dealing with the conveyancing said all he's entitled to is a return of half of what we put in and that my aunt is at liberty to do what she wants with the money. Ive told my husband that provided there is 85K left to me I will split it with him but he's still not happy. His point (and I do tend to agree) is that she wouldn't have all this money if it wasn't for us and why should it now go to Social Services when other people without assets don't have to pay. What I don't want to do is commit myself to anything on paper which he views as highly suspicious. Now he wants to know which home my aunt is in and at the age of 90, I don't want her hassled with solicitors letters etc.

[medsecslave]

I have just googled constructive trust and feel sick. Does this mean he would take a 90 year old lady to Court who knows nothing of this or would he sue me? Do these rules apply to Scotland as well? He's like a dog with a bone. I can't believe he would do this to my aunt.

[Barmaid]

Medsecslave - I am SO sorry to have worried you. I naturally assumed this related to English law - my fault, I apologise. As far as a constructive trust in Scotland is concerned, I do not think it applies. A trust is a curious vehicle that is founded in English legal jurisdictions only. Even so, I do think that you need to have legal advice.

[medsecslave]

Barmaid - I appreciate your interest and taking the time to reply! I think you may be on the right track though, we live in England although the property concerned is in Scotland and he may have failed to mention this to the solicitor. Whatever, I think I've been too soft with him, I've hesitated over divorce as it seems very final and I didn't want to upset him even though there is absolutely no chance of a reconciliation. He, on the other hand is not worried about my feelings and taking everything into account, I think this is the only way to settle matters once and for all otherwise he won't rest until I have had a nervous breakdown with it all. It is a mess and considering we are separated I think I've been more than generous when I could have told him to get lost but have decided I will see a solicitor and let them sort it out. Thanks again for replying.

[froggequene]

Stop talking to your soon to be ex-husband & leave everything in the hands of your solicitor. It's quite obvious he's trying to intimidate you and call your bluff in some way.

Next time your husband calls you or attempts to speak to you direct him to your solicitor.