Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Divorce/separation

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

Debt - How to split?

4 replies

CookieClub · 17/02/2021 14:39

Right, Have been separated from my H for just over a year. Living separately, both rent. Don't own any property, have no savings or assets.

We have a big debt over 'our' heads - I say our, but it is solely in his name.
Obviously I am happy to be partly responsible for this, as it was debt we accumulated together with general living costs/family life when we were together.

What I can't understand is where I stand legally regarding this.

So far, it has been an informal separation (if that's the right term, basically nothing via court) We agreed maintenance, he moved out, I took on the tenancy alone...I get help from UC as my wage is low.

With regard to the debt.... I have been paying towards it since he moved out, but I feel I'd like something more 'solid' in place.
My concern is that if he stops paying it (he says he won't, but I'm not convinced his twatty midlife crisis behaviour is done with yet to be honest and I'm half expecting him to go off the rails when lockdown ends Sad) So....I presume if he stopped paying, they'd chase me for the money because we are legally married?

From what I understand, an informal separation and written agreement that we share responsibility for the debt, has no legal withstanding [if in the future, he stoppped paying for example] ?

The debt is solely in his name, and from what I can see this means it's his responsibility ...but given we're married, surely it is mine too??

I have no intentions of screwing him over and I want to help/share the load...but I am also hurting from how he's treated me/the reasons our marriage has broken down, so I'm very confused about how to move forward without just acting in anger.

I have considered getting a loan out, in my name, for the amount of half of the debt - but I am then worried that if he stops paying the remainder, I will also somehow be responsible for that, despite it being in his sole name??

I can't believe it's come to this. I was trying so hard to make it all work, but sadly I was the only one doing so Sad

OP posts:
clpsmum · 17/02/2021 17:33

Apparently debt acquired before you separated is all joint. That's what my solicitor told me anyway x

CookieClub · 17/02/2021 18:14

@clpsmum

Apparently debt acquired before you separated is all joint. That's what my solicitor told me anyway x
Thanks. I assumed that would be the case, but I couldn't find any information about it on citizens advice etc.

TBH I think I need to speak to a solicitor. I haven't gone for divorce yet, but I am very worried about how he may behave moving forward, once lockdown ends. I want some security, so I guess I'd better speak to a solicitor.

OP posts:
Fullofthejoysofspring · 17/02/2021 19:05

My understanding is that whilst a court would typically look at a debt and whether or benefitted both parties during a marriage for financial settlement purposes, a creditor can only pursue the person whose name is on the debt.

Movinghouse2015 · 17/02/2021 19:19

My ex had debt in his name (run up by him gambling).

He agreed to keep the debt in his name and we had a clean break divorce.

He has since gone on a DMP. It has not effected me in anyway.

New posts on this thread. Refresh page
Swipe left for the next trending thread