Ex not helping to pay half of joint debt, now what?

[ZombieMojaveWonderer]

My husbands ex has not paid any money towards a debt that they both racked up before they divorced. For the last 7 years he has been paying it alone. In his divorce it was stated that she would pay half the debt but she has paid nothing. The debt company have now said that my husband must pay the rest of the debt (£16,500) he has £2500 to go until he's finished paying his half because his ex is refusing to pay. We need to be signed off from this because we desperately need to buy a house. His ex reckons she's buying a house with her partner next year so has told us we can stick it. I said fine none of us will pay it and it be defaulted on and let's she house she gets a mortgage then! It's not even my bloody debt! I never saw the money it's from years before I even met my husband so how is it fair!
So if she won't pay her half of the debt is there anything we can do? We don't actually want to default. He's paid all her other debts off for the last 7 years. She's been able to get credit while my husband hasn't. If she is meant to pay half the debts then she owes him £10,000! She's really done him up like a kipper hasn't she.

Sorry for the typos. Damn phone and fat fingers

He needs legal advice... a solicitor, CAB etc... urgently. She is liable for her share of the debt but, by meeting the payments solo for 7 years, I'm not sure if he's weakened his case at all.

I've got no experience at all, I'm afraid, but logic would suggest that your husband contacts the debt company and gives them the divorce document stating that the ex needs to pay one half of the jointly-incurred debt, and continues paying his half until it's gone.
And then perhaps looks for/threatens legal involvement if the debt company tries to pursue him for the other half.
As I say, though, I have no real idea!

Yeah I think it's time for the solicitors. I didn't really know much about the debt or I would have helped him sort it out before. I got a phone call from debt recovery asking for him and his ex to call back so I panicked thinking the cheeky mare had been fraudulently taking out loans in his name only to find out that while he's been paying she has not and the debt isn't being shifted as quickly as they would like which is fair enough but if we are left with it then we have to pay double what we do now which will cripple us. I actually believe I would have to separate from my husband, I have 3 kids to think about and I can't drag them through this. I'm a carer for my youngest so it's not like I can go out to work. Oh hell I'm so upset and panicking now.
Thank you though.

My husband said that the debt company do not care what the divorce said and that someone has to pay. He have them all her details so the ball is now in her court but she has said she won't pay. We are hoping that when the debt collections people get in touch with her and the future of her mortgage is in doubt then she will pay up and we can breathe a sigh of relief and finish paying his half and finally be debt free. Wishful thinking I believe.

They can't make you pay money that you don't have and they cant leave you without a reasonable amount to live on. A friend was left with over £30000 debt by her exH and she pays £20 a month as its all she can afford.

It's not fair that she's done this but get legal advice. Contact CAB today and get things started as you'll feel much better knowing that you're doing something about it.

Did they have a financial consent order that was agreed by the court or just a mutual agreement between them? If it is a consent order then the debt company needs to be given a copy of this legal document.

If it is a debt in joint names then they are jointly and severally liable for it.
This means the debt company can pursue one or both of them for the whole debt.
The fact they agreed to pay half each in the divorce proceedings is irrelevant to the debt company.

Possibly she is in breach of the order in the divorce proceedings but being able to recoup 'her half' of the debt through the courts will depend how the order was drafted - was it an agreement to pay half, or did she give an undertaking (quite possible) or was it ordered (very unlikely).

Can you type out the exact wording from the court order?

He doesn't have the court order but he is obtaining a copy via his solicitors on Monday. We are hoping they will fax it to his work. Hopefully then we will have a better understanding of what agreed. We don't want any money from her regarding the debt accept to pay her half of whats left. 7 years is a long time to have been paying this and we feel it's time for her to do her bit so we can start saving for a deposit when he has paid off his last £2500. Obviously we will be appealing to her good nature (snort) why take out loans and things if you are not prepared to pay it back but this is the woman who is claiming benefits she is not entitled to so we don't expect any help. I have by the way just left the benefit people know this! I am fed up with being poor while she buys new cars and leather sofas and we saved for a year to buy a sofa in the sale. I am bitter (as if you couldn't tell) because I have worked hard to clear my debts and now this has come up and although my name isn't on it our address is and this blackens my credit too

Once you have the copy of court agreement, take it and all documentation to CAB money advisor bit you will need to make an appointment first. Both he and her are jointly and severally liable for debt but if you can prove he has been making payments you may be able to persuade company to pursue her but don't bank on it.

Am I understanding right - your DH has significant debt which he didn't tell you about, which is with a debt management company and not being paid to their satisfaction? And he has let you think you'll be in a position to buy a house next year? How do you feel about that?

default on it.

It will ruin his credit and hers

call her bluff :)

If it's got to debt collections I would imagine that both of their credit records are shot anyway?