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Husband taking out loan during divorce

5 replies

WingingIt90909 · 05/03/2022 18:09

Hi there, my husband and I agreed to separate a couple of months ago. We are filing divorce papers in April to start the divorce process. We are still living in the same house at the moment. He is talking about taking out a very large loan (individual, not joint) to purchase a vehicle. When it comes to the financial settlement, will his loan debt end up being my responsibility too, or will it still sit with him? He does need a new vehicle, but I'm concerned he's doing this so that he can throw this debt in the pot as a joint burden.

OP posts:
DoNotTouchTheWater · 05/03/2022 18:13

The loan debt will factor into the financial picture because it affects his commitments etc. But so will the car he’s buying with it.

There’s nothing you can do about it. Just see it as evidence of the benefits of divorcing him.

DenholmElliot · 05/03/2022 18:25

There are many factors at play in divorce proceedings, lots of other things to take into account.

He can argue that he has a debt for a car to pay and you can argue that it shouldn't be included because it was taken out after the decision to split.

Or just to make doubly sure, you could actually file for divorce now, and then your argument about him taking out the debt after the divorce would hold more weight, because you would have filed for divorce BEFORE he took out the loan, if that makes sense.

WingingIt90909 · 05/03/2022 18:44

Could he use it as a reason to pay less child maintenance? Or is it purely based on his income regardless of his debt?

OP posts:
WingingIt90909 · 05/03/2022 18:48

I will definitely argue that it shouldn't be included, but it does worry me. I also have a car loan, but I took mine out 3 years ago and it's much less than he's planning to borrow.
He wants to wait until April for us to file the paperwork, because he's waiting for the "No fault" divorce option. If I file the paperwork now citing unreasonable behaviour, he will contest it. I'm assuming that would then drag it out longer, and create even more animosity? Ugh, such a mess.

OP posts:
notapizzaeater · 06/03/2022 14:56

@WingingIt90909

Could he use it as a reason to pay less child maintenance? Or is it purely based on his income regardless of his debt?
It's purely his Income, if he chooses to get an expensive loan for a car he will have to cut back elsewhere
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