Debts in oh name

2009_is_my_year

I have been wondering about something for a while my husband has a lot of debt that he doesnt deal with (I know I know but you can only advise so much) Our house and everything in it is mine - can anyone take anything from the house if it is mine? We are financially disassociated from each other through experian. Its something that has bugged me for years so I thought I would ask

Mimi_Arc_en_ciel

i was always under the assumption that they could take half? My OH doesnt deal with his debts - im paying them off because i was informed that because we are common law partners they could take my stuff and i wasnt having that! maybe someone who is more in the know can answer for you for definate?

didnt want to read and run x

MrsPitcher2b

I dont think they can take anything if it isnt his. I have seen some tv programs about it where they go to take a car etc but its actually not theirs to take - but as mommyme says maybe because you are common law partners they can take half.

But if you have no financial links to him then you could deny that? (Although not sure if thats legal so ignore me if not lol Dont everyone shout at me i dont know!)

2009_is_my_year

mommyme wrote: »

i was always under the assumption that they could take half? My OH doesnt deal with his debts - im paying them off because i was informed that because we are common law partners they could take my stuff and i wasnt having that! maybe someone who is more in the know can answer for you for definate?

didnt want to read and run x

been there done that - hence the £43k debt management plan enough is enough and still no change so I am finding out my rights before the proverbial hits the fan.

I will post here if I get anything concrete and if you want my advice (unsolicited I grant you apologies if I am butting in) dont do it!!! It doesnt help them and only !!!!!!s you up

2009_is_my_year

MrsPitcher2b wrote: »

I dont think they can take anything if it isnt his. I have seen some tv programs about it where they go to take a car etc but its actually not theirs to take - but as mommyme says maybe because you are common law partners they can take half.

But if you have no financial links to him then you could deny that? (Although not sure if thats legal so ignore me if not lol Dont everyone shout at me i dont know!)

We are actually married - I did seek legal advice before I got married as he has always been 'financially challenged' and they advised me his debt is his debt. The up side is that he hasnt been able to secure enough credit to get into too much trouble - he left that to me lol (ohhh laugh or you'll cry eh)

SO basically as I have stopped all his access to my accounts I am wondering what will happen next

MrsPitcher2b

Just googled it for you and found a few results

One:

'No they cannot. A debt [COLOR=blue! important][COLOR=blue! important]collector[/COLOR][/COLOR]

is different to a bailiff. They can only send a bailiff when you have defaulted on a county court judgement, so in other words unless there's been court action, no bailiffs can be used. A [COLOR=blue! important][COLOR=blue! important]debt [COLOR=blue! important]collector[/COLOR][/COLOR][/COLOR]

has no rights at all. However, in your case the debt is not in your name. Unless there is a contract in your name it doesn't matter whether your address has been used or not. The debt is not yours and your possessions are totally safe. Do not listen to the person who replied previously, they do not know what they are talking about. I am a lawyer who specialises in social welfare law. If you have still worried or want support, contact your local CAB or phone National Debt line'

And another:

'you will need to provide proof that the possessions are yours through reciepts..... this happened to a friend of mine and had a few friends write receipts out for certain things saying they were brought sold as seen as second hand etc.... makes a diff and works...as for the childrens things, they are not supposed to enter the childs room, not with out a court order in case your partner stores anything in there, however if you do have childrens games dvds etc in the living area i would remove them as they will take those irrelevemt to whose they are. baliffs do not look at the matter lightly, be careful and take legal advice to where you stand'

They were questions asked from people who may not be in the same situation as you, but i think the information could be used - maybe get receipts for things

GeorgeUK

Is the house in your name only?
If so he has no claim on it unless you divorce as far as i know so neither will any of his creditors. (common law partners are not recognised by law so they are not entitled to anything of each others should they seperate).

If you have any joint accounts then you will be held liable for these if he is unable to pay.

Regarding whether anything of yours can be taken from your house for his debt - technically yes. If a bailiff should gain access to your property (never let them in and make sure all doors and windows are locked) he can then make a walking posession order and remove any goods that he lists the next time he visits. If any of the goods listed are yours rather than your husbands, you will need to prove this or they can be removed, although they may not be sold.

I would advise you to make a list of questions and areas of concern and give nationaldebtline a ring. They should be able to answer all your queries and tell you what to do to protect yourself and your property.

Mimi_Arc_en_ciel

i know about having reciepts but how would that help if it was joint bank account? - OP said he had access to her account so could that go against them? Dont think she can deny being financially connected if they are married and in same house?

MrsPitcher2b

mommyme wrote: »

i know about having reciepts but how would that help if it was joint bank account? - OP said he had access to her account so could that go against them? Dont think she can deny being financially connected if they are married and in same house?

I didnt realise they were married when the original post was posted - so sorry about that, no she cant deny it.

OP states she is financially disassociated from each other through experian - So although he may have access to her bank account details they canot have a joint account otherwise they would be linked together through experian?

I have access to my mums account my OH's account my dads account etc but i am not financially linked to any of them.. Just means i can spend their money when i want LOL (Joking - DFW )

2009_is_my_year

Is the house in your name only?

- Yes and purchased prior to marriage which I understand is better

If so he has no claim on it unless you divorce as far as i know so neither will any of his creditors.
- Excellent! Thank you

If you have any joint accounts then you will be held liable for these if he is unable to pay.
- nothing joint nada never ever I am not insane lol

I keep the door double bolted for this reason and always have

I will call debtline to double check though - thanks all

Its amazing how all the shameful questions I had in my life dont seem so shameful on these boards

2009_is_my_year

mommyme wrote: »

i know about having reciepts but how would that help if it was joint bank account? - OP said he had access to her account so could that go against them? Dont think she can deny being financially connected if they are married and in same house?

Access as in 'unofficial' without me knowing access - oohhhh yes I know I know I know but all gone now!!!!!!!