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Divorce and debt

(6 Posts)
PetraDelphiki Sat 11-Jul-15 09:21:37

Quick one for a friend who is getting divorced. Her stbxh ran up a load of debt during the marriage which she knew nothing about - is she liable for it?

TaraG23 Mon 13-Jul-15 14:35:53

I think it depends if the debt is in her name or joint names or not. Usually if there are assets involved, the debt will have to be repaid with the assets, so theoretically, she will lose out. Is your friend living in the marital home, and do the creditors have that address?

PetraDelphiki Tue 14-Jul-15 16:30:43

Not in her name (or if it is he faked her signature)...still in marital home with 2 dc

TaraG23 Fri 17-Jul-15 17:28:51

A loan company can only pursue the person whose debt the name is in. If during a divorce the person who has the debt can prove the debt was incurred for the benefit of the marriage, ie holidays, food etc, then they could both be jointly liable, but all depends on the court and how things are perceived.

babybarrister Sat 18-Jul-15 15:49:05

As between loan company and couple, only the husband can be pursued BUT as alluded to above, it doesn't end there as if the divorce court thinks that husband's loans were for family (tho happen to be in his sole name) may then give husband extra share to repay them

RedDaisyRed Mon 20-Jul-15 20:01:35

There are two separate issues - as people say above those owed the money cannot come after her

However in deciding how assets are divided like equity in the house the mortgage and all assets of both are worked out and the net divided.

it is quite common too for a wife to have a hidden shopping addiction and find she owes say £20k. I think usually all these debts plus the mortgage are worked out and taken off the joint assets in working out what is split.

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