STBX wants me to pay half of his debts(6 Posts)
Separated from ex 6 months ago and moved in with parents.
House sale has just gone through.
Divorce proceedings have not yet been started.
Husband now asking for me to pay half towards a credit card and loan in his name despite me not knowing about it at the time.
He disputes this.
He has earned over double than me throughout the marriage and I am not asking for anything other than half the house equity. The household goods and items are mostly remaining with him. There are no children involved.
I am still getting back on track financially whilst living with parents, and do not want to give him a part of my equity when he has the same and plenty and shouldn't have needed to take out loans or credit cards.
I have asked for statements proving that the spending was joint and asked to know how much the loan and credit card is for, but he hasn't told me he will do either.
I was under the impression there was savings rather than debts and it turns out it is the other way.
Some people say that as they are in his name he is liable for them, but others say that i will be required to pay off half once the divorce goes through.
I am finding this terribly unfair and hard to believe that he can do this to me.
Has anyone any experience of this and can confirm?
I think you need legal advice but if they are in his sole name he is liable.
He is liable, in that the credit card / loan companies cannot go after anyone but him for the debt.
But they get added to the pot of assets for divorce financial settlement.
Do you already have a solicitor involved?
I would tell him you don't want to make any agreements not arranged through solicitors, to be sure it is fair. Don't be drawn on discussing his debts, don't commit to anything, and definitely don't pay him anything or agree to him reducing your equity.
See a solicitor ASAP. If he earned 2x you, then his pension is no doubt far better than yours. Now I'm not of the take 'em for everything school of thought. But if he's going to take the piss about his debts, feel free to ensure ALL assets are included.
See a solicitor. And yy, tell him you won't make any arrangements except through solicitors.
I asked a solicitor about my STBXH's debt and he said I should state that "the debt is not of the marriage" i.e. that it was not incurred by spending for items for our family but wholly for himself. I think your STBXH will need to demonstrate how the debt was incurred - if it was spent on holidays, furnishings for your marital home etc then it was of the marriage but if he incurred it taking his mistress to lavish hotels then it was not.
Hope that helps.
The debt is likely be counted as marital debt unless you can prove that you had no knowledge of it. My Ex did similar, but I have written proof from him that he deliberately hid the debt from me.
But....pensions (incl the additional state pension...Get Form BR35 from the .gov site) should also be declared as part of the marital pot. Chances are that he has a decent one and that you can demand a % of his pension (depending upon the value of your own pension, and how long you have been married). Chances are good that he'll then back off on the debt and also offer a larger share of the house, to keep his pension intact.
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