Help- missing husband and debt

[Bobby80]

I’m swinging from being broken to furious and back again but right now I need to draw on people who have more knowledge/experience than me.

Been married for 12 years. 2 children. DH has always had an unhealthy relationship with drink but it kind of sat within social norms if that makes sense. Recently the balance has tipped as he’s been taking binges that last a few days. The pattern is - disappear for 2 days binge drinking. Reappear, be broken and remorseful, stop drinking for 6-8 months. And repeat.

Fast forward to now. He’s not been seen or contactable since first thing on Fri. I’ve made the commitment to separate. Told friends. Moved all his stuff into the garage. Locks changed.

The house is in my name. I can afford it (just) on my wage. I have no debt. I dealt with all finances through my account and he would pay X amount in to me. No joint accounts. No joint debt.

My question is- he has debt. When we separate will I be liable for any of it?

My emotions around his behaviour/out children/separation etc have to be put to one side just now so I can be practical in my planning.

OP: I'm not worried about the house situation.
Most of MN: The thing with the house is....

🤦🏻‍♀️

I think you’re confusing who is liable to pay the debt vs how a financial agreement is determined in court during divorce

a divorce settlement is made based on “fair settlement”, combining ALL assets and ALL debt irrespective of who took the loan. Therefore a court will , during determination of “fair settlement” seal a financial order based on splitting the assets post debt unless the non indebted spouse can prove the debt has not benefitted her or household or marriage. In any way - even then it’ll take a lot of legal bills to get to that if indebted spouse doesn’t agree.

so, whilst she may not be liable for the debt, her divorce settlement will reflect that debt as being joint matrimonial debt.

a lot of people seem very confused by this

ok, Scotland may be different, but this is how it works in England and wales.

But the OP has said that none of the debts were run up buying things for the house, or things like joint holidays, and she can prove it.

And then the question is which is cheaper ? 50% of debts, or the massive legal bills she’ll incur at £200+ per hour to agree this in a financial settlement if her husband doesn’t concede her this.
There’s the law, then there’s what will cost less in money, stress and time.

that’s what people forget when they arm themselves with “good” (adversarial) solicitors and Imbark on proceedings that leave them £10000 in debt 3 years later.

Op, I know it’s perhaps not the point : but have you reported him missing? He may have had an accident etc?