Alison asks: “I currently have a Santander debt in a joint name since a recent break up. However, I’ve not had anything to do with the account for years and, and I cannot communicate to my other half. Any advice?”

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Q&A 33 – Paying Off Debt After A Breakup – Shownotes

Today’s question comes from Alison:

I currently have a Santander debt in a joint name to take care of since of a recent break with an ex partner.

However, I have not had anything to do with the account for years and, and I cannot communicate to my other half so as to remove my name.

Any advice?

Thanks for your question Alison, and I’m sorry to hear that you find yourself in this tough position.

 

 

Joint And Severally Liable…

First thing to do is to speak with Santander. You need to inform them of the situation and they will let you know what options are available to you.

Unfortunately, the answer isn’t going to be the one you want Alison.

When you sign up to a joint account, you are jointly and severally liable for the debt. That means that you are both equally liable for the whole amount of the debt.

Therefore, whilst you argue that you had nothing to do with the account, if it was an account in a joint name, you are liable for any action on the account.

 

Stop Digging The Hole & Try To Communicate

The first thing you need to do when you speak to Santander is to freeze the account from today meaning that no more purchases can be added to the account.

Then, the best (and fairest way) to settle the account would be to communicate with your former partner. If communication is difficult, then this may be via a solicitors’ letter.

However, depending on the amount of the debt, if you genuinely cannot communicate with your former partner, it is likely that solicitors’ fees will quickly amount to more than the debt itself.

Therefore, if you can’t communicate with your ex-partner in order to make them pay off half the debt (or agree with the bank that you can take your name off the account under certain conditions), then you will be best agreeing with Santander that you will repay the debt under the condition that the account will be closed immediately afterwards.

Then, make sure you learn from your mistakes and never open a joint account unless you are married (in which case this account would be included with all other assets and liabilities in your divorce agreement).

 

Paying Off Debt After A Breakup – Conclusion

Sorry that there isn’t a sneaky way around getting your name off the account, but the “jointly and severally liable” clause means that you are fully liable for the whole amount if you cannot communicate with your former partner.

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