Am I liable for his debts?

[Onedaysoon]

I've got a thread in relationships but just wanted to ask separate question re: finances. H is in a hell of a lot of debt. I estimate it to be around £40k, on credit cards/loans. He won't discuss it with me so I am only guessing but from what I can gather it's around that mark. He refuses to open letters, or answer the phone (as it's always banks etc asking for him and I have to lie and say he's not here), and he won't return calls when asked. In short he's burying his head in the sand and ignoring it. I've tried asking him about it but he won't discuss it.
At the same time he is spending around £100 per month topping up his mobile to go into chatrooms (again he doesn't know I know).
Now, am I liable for his debts? They are all in his name only. BUT, what happens if bailiffs turn up (which I suspect will happen if he doesn't act). What can they take seeing as the stuff here is either mine or ours? When we married he brought nothing to the marriage except a microwave, bed and tv. I brought everything else. When he took out finance on his car, he put the finance in his name but registered the car as mine (to be honest I am not bothered if they took that anyway as I own my own car, but he is still paying finance on his anyway).
Can they take stuff like telly/washer/etc...do they take into account that the kids need this stuff?
I am so angry with him for dragging us into this **. His ex wife warned me that he left her in shed loads of debt which she is still paying off. I am so careful with money so am furious that me and the kids may lose everything because of his stupidity. Incidentally it's a council house.

i remember watching on beat the balifs that unless you can prove something is yours (reciept) then they can take it.

FioFio...even though the debts are all his? All in his name alone I am still liable?

~From divorce online...
Q: My husband has recently decided that he doesn't love me any more and wants out. We have been married for nine years. So far it has been amicable and he has willingly signed over the mortgage to me. I have kept up payments on our joint loan and he has taken on the credit card debt. However, he has always been a bit profligate with money and since he has left, he has been spending money like water. He is temporarily living with his brother and so his mail is still being delivered to my house. I am rather worried about this as I am concerned that this means he could damage the credit rating on this address. As we are still married, is it possible that I could be liable for any debts that he runs up before we get divorced, and if so, are there any temporary measures I could take to prevent this happening? There are no children, and I earn about twice the amount of my husband.

Thanks

AnneO

A. You will be jointly and severally liable for any joint debts, but not for any in his sole name. I suggest you make him change his address for these bills to his brothers to avoid a credit rating problem, which could arise if he continues to miss payments.

Phew, thanks CountessDracula

i would double check with CAB though

You aren't liable for his debts. Does he actually have any County Court judgements yet? If so, and if he doesn't pay the instalments, then the bailiffs will come, but they can't take things which you can prove belong to you, so start hunting out receipts now and hide anything appropriate. CC bailiffs don't have the right to force entry so if they come when your dh is out you can quite legally refuse to let them in.

I suggest that you point them in the direction of his car, as they'd rather do that than lots of bits and bobs in the house (they don't physically take things away there and then, they levy, which means give you a bit of paper basically saying you can't get rid of it and it will be taken away and sold if the debt isn't paid pronto.)

Your dh can then make an appln to the court to suspend the warrant.

(All this info is from many many moons ago when I worked in the County Court, btw).

Hi mumblechum, as far as I know there are no CC judgements against him as yet but I can't say for certain becasue he tells me nothing. The car is still on finance so I thought they couldn't take that? Problem is, if they took his car he'd expect mine!

If you want to see exactly what debts your husband has incurred apply for a credit report from Experian, it will give you exactly what credit you have at your address and will include your husbands as well, it may not make happy reading but you will kinow exactly what is going on.

You're right, if his car's on finance the bailiffs can't take it.

As there are no ccjs there's no immediate danger but he really should be getting some debt counselling via the CAB and putting together a package with his various creditors to freeze interest/reduce payments or whatever.

Hi mumblechum. he just will not acknowledge it at all. I pass on the messages from banks etc and he just shrugs. I ask has he called them back and he says no. I say well when are you going to and he says one day. If I push it he turns it all around to be my fault. So there's really nothing I can do is there?

And do CCJs come in the post? If so he won't know and neither will I as he doesn't open his mail.

The procedure for ccjs is that first of all a summons would be sent to him. He's supposed to respond within 14 days, ie make an offer to pay by instalments.

If he doesn't reply, judgement will be entered against him automatically and if he doesn't pay within a month, the debt will be registered as a ccj.

Don't really know what to advise so far as his non handling of the situ is concerned. There's not a lot you can do alone.