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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Debt in a divorce

9 replies

Homer101 · 18/01/2021 10:10

Hi,
My ex is in a lot of debt, she ran this up during our marriage and has added to it over the two years that we have been separated. This was run up behind without me knowing and was one of the reasons we split up.
I would like to know if I'm responsible for any of the debt after our divorce. I know assets will be split but would the debt also be split to ?
All this debt is in her name only. But shes in way over her head and she now has CCJs she refuses to get any help. We own our family house and one of the credit cards for three grand has now been fixed ageist the house. I dont know how much she owes but its thousands.

Thanks in advance for your help

OP posts:
StephenBelafonte · 18/01/2021 12:45

Yes the debt will be split between you. You need to push through with the divorce to stop her running up any more debt but you could argue about the debt that was accrued after you split.

Throwntothewolves · 18/01/2021 12:47

The advice I was given is that debt belongs to the individual, unless it's in joint names. Check with a solicitor

WilmaPantry · 18/01/2021 13:05

The person who signed the credit agreement is typically accountable, so the debt will not necessarily be split between you.

You need some good advice OP, especially as the debts have been now been registered against the property.

Try one of the debt charities such as National Debtline or Stepchange. Beware of the companies that charge you for advice - only go with a .org link.

Don't leave it because it will also affect your personal credit rating. Also look at the credit ref agencies like Equifax

Madickenxx · 18/01/2021 15:23

The debt (liabilities) will be considered just the same as the assets. My exH had run up significant debt (unbeknownst to me) and I had to take on half of it as part of the divorce. The fact that it was in his name had no bearing in the same way that he received 50% of my pension which was in my name.

italianbreezeyday · 18/01/2021 17:06

Yes you need advice as I don't understand most of the posters saying it's in the name of the person who signed it when all assets are up for grabs in the pot - surely it also means all liabilities as well

ComtesseDeSpair · 18/01/2021 17:25

General speaking, credit card debts in one person’s name only remain the liability of the cardholder, unless they can demonstrate that the debts were jointly raised and the funds benefited both applicants.

Your own precise situation and settlement will be individual to you, so get a decent solicitor.

ComtesseDeSpair · 18/01/2021 17:25

Not both applicants - both parties.

Homer101 · 18/01/2021 18:34

Thanks all.
Its credit card debt, overdraft debt in her personal bank account. Therse a mobile phone account with 600 in debt in it. A water bill thays been run up since I left of 500 . These an amigo loan she acted as guarantor for of 7000 that shes now paying back. This I knew nothing about and was the icing on the cake. It's what pushed me to leaving.

OP posts:
samanthawashington · 18/01/2021 18:55

The general rule is that if its in one persons name and the goods and services were enjoyed only by that person, then it remains their debt. If she paid for household furniture, or holidays then it is joint debt. It is a bit of a grey area though

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