Debts-his or ours?

Stressedgiraffe · 2023-09-26T14:26:45+00:00

Dh has a lot of debt over £20k he thinks could be more. He stopped paying any debts when he quit his job last year. He's had a job since but was sacked after 4 months. He hasn't worked in 6 months. He is finally signing on. Anyway I can just pay for everything but have nothing spare for his debts. He's spoken to a charity and they can help but need all my financial info too. They said I'll need to pay of his debts. I don't want to. I have some of my own and the cost of everything I have nothing spare. Aibu to think he needs to have a plan that doesn't involve me paying them?

ASCCM · 26/09/2023 15:27

Are you married? If so, then yes, you’ll be liable for his debts .

Overthebow · 26/09/2023 15:28

I’m not a legal expert but I think if you are married then yes they take your financial situation in to account too. But he should be coming up with his own plan of how to pay.

pinksheetss · 26/09/2023 15:29

Not unreasonable to expect him to have a plan to pay them
However, you are married so finances are shared which means legally they can expect you to pay for his debts.
Did you know about these debts before you married?

He will need to get a job and put everything toward paying them off ASAP

What kind of debts are they?
Also very suspicious he thinks 'probably more' he needs to sit down and work out ALL debt owed and figure a plan.

SurprisedWithAHorse · 26/09/2023 15:30

Is he making a serious effort to find work? How did he lose his job and why did he quit the previous one? What are the debts for and why doesn't he know the total?

InYourHeadZombieeeaeaeaea · 26/09/2023 15:30

Spouses aren't automatically liable for someone's debt if their name is not on them.

PosterBoy · 26/09/2023 15:31

Are they joint debts eg mortgage in both names/loan in both names?

If not, not your problem

If he is declare bankrupt and you have joint assets eg house, that is at risk though

caerdydd12 · 26/09/2023 15:31

ASCCM · 26/09/2023 15:27

Are you married? If so, then yes, you’ll be liable for his debts .

This isn't true.
Unless the debts are in joint names then only he is liable to repay them. If you get divorced the whole picture will be considered for splitting equity/assets/liabilities, but not before that point.

He can go back and say you aren't willing to provide your financial information because you won't be paying for the debts, they'll advise him based on his own income.

Original poster

Stressedgiraffe · 26/09/2023 15:31

Ok but after rent bills food etc I genuinely have nothing left.
What happens then?
He needs to find out how much and offer something/ IVA /DMO .

OP posts:

ImCamembertTheBigCheese · 26/09/2023 15:31

What type of debt are we talking? Credit card in his name or bills or similar in both your names?

I don't think they can come after you if the credit card is solely in his name but they can for debts related to both your names.

ASCCM · 26/09/2023 15:33

caerdydd12 · 26/09/2023 15:31

This isn't true.
Unless the debts are in joint names then only he is liable to repay them. If you get divorced the whole picture will be considered for splitting equity/assets/liabilities, but not before that point.

He can go back and say you aren't willing to provide your financial information because you won't be paying for the debts, they'll advise him based on his own income.

Show quote history

This is the opposite of my experience , but true in divorce.

I wouldn’t want to pay them either but if you have mortgage etc his credit rating will be destroying it all

Original poster

Stressedgiraffe · 26/09/2023 15:34

Nothing in my name. Loans and credit cards in his.
We're up to date with rent and essential bills.
He took some out earlier this year when he wasnt working and pretended to me it was his salary.
We have individual accounts and a joint one for rent and bills.

OP posts:

PosterBoy · 26/09/2023 15:34

If you are only renting then no worries - debt in his name is his problem, not yours

caerdydd12 · 26/09/2023 15:35

ASCCM · 26/09/2023 15:33

This is the opposite of my experience , but true in divorce.

I wouldn’t want to pay them either but if you have mortgage etc his credit rating will be destroying it all

Show quote history

If they have a mortgage or joint bank account then yes any damage to his credit history will impact the OP's, but if the debts are in his name that won't make her liable to help pay them off (thankfully).

Motnight · 26/09/2023 15:36

Stressedgiraffe · 26/09/2023 15:34

Nothing in my name. Loans and credit cards in his.
We're up to date with rent and essential bills.
He took some out earlier this year when he wasnt working and pretended to me it was his salary.
We have individual accounts and a joint one for rent and bills.

Sounds like there are marriage as well as financial issues, Op. Good luck

OneRingToRuleThemAll · 26/09/2023 15:36

You aren't liable for his debts, but the are considered in divorce. I had to take on £32k of debt I didn't know existed in order to keep my flat in divorced.

CanvaQueen · 26/09/2023 15:36

If you have nothing left after paying the bills then your joint income and expenditure will show that. Realistically if he’s not working and has little to offer he’ll end up with IVAs paying a minimal amount.

GOODCAT · 26/09/2023 15:37

You are not liable for his debts unless they are joint debts in your name too. He needs to sort it out.

The only issue you can have is if they sent bailiffs in to your joint home and they actually manage to get in they don't really do who something belongs to unless you can prove it is yours.

Do you keep your finances separate otherwise?

caerdydd12 · 26/09/2023 15:38

Stressedgiraffe · 26/09/2023 15:34

Nothing in my name. Loans and credit cards in his.
We're up to date with rent and essential bills.
He took some out earlier this year when he wasnt working and pretended to me it was his salary.
We have individual accounts and a joint one for rent and bills.

I would be closing the joint account, or removing his name, as soon as possible. Don't trash your own credit because of his foolishness.

Original poster

Stressedgiraffe · 26/09/2023 15:40

IVA is better than bankruptcy I think.
I'm just worried as we are renting if we ever needed to move we would be screwed or if the letting agents want any future proof of salary as they would rent our current house to just me as I don't pass the salary needs

OP posts:

Boymamaxx · 26/09/2023 15:41

InYourHeadZombieeeaeaeaea · 26/09/2023 15:30

Spouses aren't automatically liable for someone's debt if their name is not on them.

I also thought this was the case.

Flopsythebunny · 26/09/2023 15:42

ASCCM · 26/09/2023 15:27

Are you married? If so, then yes, you’ll be liable for his debts .

This is not true in England

Ladyj84 · 26/09/2023 15:43

You would be screwed even with Iva on file for.fiture private renting, loans etc etc. Tbh if I was you I ould be figuring why I'm staying with such a dishonest person and putting up with his crap

GreyBlackBay · 26/09/2023 15:43

Sounds like you don't have joint assets - usually the house.

No, you are not liable for his debts.

The charity would like to know your income to check the household expenses are split fairly but it's absolutely acceptable for him to say he pays 50% of rent and bills and that is £1k a month or whatever.

They'll work out what money he has left for debt repayments and make offers to his creditors. But it sounds like he won't have anything left. He's probably going insolvent unless he's a new job on the horizon.

You are in danger from bailiffs, they cannot legally take your things but can be difficult. If he's dealing with this it shouldn't get passed on to collectors though.

19lottie82 · 26/09/2023 15:45

Spouses are not liable for each others debts if they’re not in joint names HOWEVER they can affect your credit history if you have any other joint credit accounts, such as a mortgage.

caerdydd12 · 26/09/2023 15:45

Stressedgiraffe · 26/09/2023 15:40

IVA is better than bankruptcy I think.
I'm just worried as we are renting if we ever needed to move we would be screwed or if the letting agents want any future proof of salary as they would rent our current house to just me as I don't pass the salary needs

An IVA or bankruptcy is usually a last resort, where you can't afford to keep up with the current level of debt repayments. If there's a chance he can cope without that, then do it. If there really isn't it doesn't sound like there's much choice. Renting a different property in the future will be affected though, with such a lack of rental properties across the UK a landlord would probably prefer to go with the applicant who isn't bankrupt or part of a debt arrangement. It's not impossible though.

The main thing is to get rid of any joint credit cards, joint bank accounts etc.