Ex left - can his debt affect my share of equity in joint mortgage once we sell?

[KarmaArseBite]

Ex-Fiance walked out 6 months ago, I know he is in approximately £10k debt with credit cards and loans it could be more. I want to sell our house as I can't afford to live here any longer, we have a joint mortgage with approx £40k equity in so £20k each when we sell. Can his debt be taken out of the equity in the house and is there anything I can do to prevent it coming out of my share? Do I need to call our mortgage company to find out if any of his loans are against the mortgage? Thank you

It can't affect your share.

Hi, you are not responsible for another person's debt even if you are married to them. If you have not signed the loan or card agreement then it is not in your name. Being a second cardholder is not the same as being a joint owner of the debt. House equity can only be taken by loan companies if their loan is secured on the house. They often call this a "homeowner loan". You can check what is registered at your address by doing a search at the land registry for a few pounds.
Even if a debt is secured on the house ( and you would need to have signed for that to happen as you are a joint owner) a debt company can only take the debt from his half.
I would strongly urge you get a separation deed drawn up before the house is sold to set out clearly who is going to have what and the fact that you are not going to be left liable for his debts.
Contact a family law solicitor, my firm do initial fixed fees so you can see where you stand without comitting any further at that stage.
Best wishes.

Thanks ever so much for the advice I'll get on the case straight away