Author Topic: Cancellation of joint bank acct!  (Read 594 times)

Offline caza

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Cancellation of joint bank acct!
« on: August 19, 2018, 08:54:26 am »
Morning all ,
Hope you can help .
My husband and i have just divorced.

What is the process of closing a joint bank acct , opening another in my bame only ?
Will my ex husband need to come to fv ?

Thanks in advance .

Offline spitfire58

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Re: Cancellation of joint bank acct!
« Reply #1 on: August 19, 2018, 09:26:47 am »
Sorry to hear that caza. Hope you can work things out amicably. With the way things work in the banks there I would expect he will have to present himself to the branch in person (so they can confirm it actually him) & sign on the dotted line to confirm he wishes to close the account. They are very pedantic that way. All the best for the future, cheers . . Ron

Offline caza

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Re: Cancellation of joint bank acct!
« Reply #2 on: August 19, 2018, 09:36:18 am »
Many thanks spitfire .

It was a very messy divorce , hence i didnt have time to contribute to the forum .
Thanks for info , although i have now found out i posted  it in the wrong section .

Can admin post it in the correct one ?

I also take it that for him to sign over his share re prooerty , he gas to be in fv ?
He has the deeds etc , but saying he hasnt .
I take it this is extra money and hassle ?

Thanks again

Offline spitfire58

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Re: Cancellation of joint bank acct!
« Reply #3 on: August 19, 2018, 10:23:53 am »
Many thanks spitfire .

It was a very messy divorce , hence i didnt have time to contribute to the forum .
Thanks for info , although i have now found out i posted  it in the wrong section .

Can admin post it in the correct one ?

I also take it that for him to sign over his share re prooerty , he gas to be in fv ?
He has the deeds etc , but saying he hasnt .
I take it this is extra money and hassle ?

Thanks again
[/quot
Many thanks spitfire .

It was a very messy divorce , hence i didnt have time to contribute to the forum .
Thanks for info , although i have now found out i posted  it in the wrong section .

Can admin post it in the correct one ?

I also take it that for him to sign over his share re prooerty , he gas to be in fv ?
He has the deeds etc , but saying he hasnt .
I take it this is extra money and hassle ?

Thanks again

For the property. Unless he signs a POA in the U.K. (or wherever) I would say definitely has to be there. The Spanish are very particular about “face to face” when it comes to legal & documents (we have found anyway)

Offline caza

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Re: Cancellation of joint bank acct!
« Reply #4 on: August 19, 2018, 17:35:31 pm »
Many thanks
Spitgire .

Offline Lexeus

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Re: Cancellation of joint bank acct!
« Reply #5 on: August 19, 2018, 21:13:39 pm »
I wouldn't say it's certain you need both people there to close a bank account. If you can get a signed letter from him authorising the action, along with photocopies of all the relevant ID documents for him, then I wouldn't be surprised if they accepted it. After all, you are a verified client and have all the authority necessary to conduct action on the account, but it happens to need the go ahead from another person on the account.

With regards to the property, are you saying it is 50/50 ownership with no mortgage and you want to take 100% ownership? If that is the case, at the very least you need to get it updated in the land registry and you should probably be consulting an expert in this area with regards to the processing of it. You can't just hand over a property to someone, even between family there needs to be a sale document which can incur taxes, but I would expect this situation to be exempt, but it must be handled correctly. I'm not sure that him saying he doesn't have the deeds is a problem, in fact I think I understand the purchase process to be that the notario may only issue a certified copy and the original is held by the land registry who will give you any information you want if you provide them the right ID. He definitely needs to be there to conduct a property transfer though, it all has to be carried out in person in front of a notario or by someone with power of attorney who is representing them.
« Last Edit: August 19, 2018, 21:26:55 pm by Lexeus »

Offline caza

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Re: Cancellation of joint bank acct!
« Reply #6 on: August 20, 2018, 09:21:07 am »
Many thanks lexeus .

Think i will contact nadia from fv residences,  with whom we bought the oroperty through.
Hopefully she can sort this out .

Offline Deso

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Re: Cancellation of joint bank acct!
« Reply #7 on: August 20, 2018, 12:47:54 pm »
This will give you an idea of the process, unfortunately there will be costs involved.  :o

https://www.spanishsolutions.net/blog/legal-issues-in-spain/division-of-joint-ownership-in-spain/

Offline Lexeus

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Re: Cancellation of joint bank acct!
« Reply #8 on: August 20, 2018, 15:28:00 pm »
Many thanks lexeus .

Think i will contact nadia from fv residences,  with whom we bought the oroperty through.
Hopefully she can sort this out .

Is she just an agent or is she an abogado. In my opinion this needs an abogado and it's too serious to get wrong  when you have a non-amicable solution to resolve.

I haven't yet had occasion to use a proper abogado, but one who seems relatively respectable from reading on the internet a fair bit is Pilar gonzalez http://www.bufetegonzalezsegura.com/ (That is just an emergency suggestion, if you don't have time to search)

Otherwise, my recommendation is take a look at these two places to find a competent specialist and not just any old agent/gestor who have no real qualifications:

UK Embassy list of lawyers/solicitors in Canary islands: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/672541/Las_Palmas_Lawyers_List_January_2018.pdf

Las Palmas law society, registered offices search tool: http://www.colegiodeabogadosdelaspalmas.com/2010/buscador_colegiados.php


Offline Archer

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Re: Cancellation of joint bank acct!
« Reply #9 on: August 20, 2018, 19:25:16 pm »
Either party of a joint a/c is entitled to drawdown funds from a joint a/c and can empty it.
I closed our joint Santander a/c without the other party present. We emptied it using the atm and cancelled all DD's online first.  No probs.
There were charges made locally by Santander that we didn't expect, but an email complaint to Madrid got most of those back.
Good luck