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Husband's Ex-wife's debts?

I opened a letter today that was addressed to Mrs <surname>. It was to do with a debt to a credit card company and was informing of court action. It stated the intention to either pursue either recovery of the debt (I'm assuming bailiff action), or bankruptcy.

Of course I panicked at this & have NEVER had a credit card. I then noticed that on the second page it had the first name of my husband's first wife & the debt was from 1999 (I met & married him last year).

Someone told me that as the debt was accrued before they divorced my husband is liable for the debt and therefore me too as the current spouse. I thought that a debt where only one spouse is named and signed for it is their debt alone :(. I was told that unless this debt was mentioned in the divorce decree as hubby's ex's sole responsibility, that it becomes a debt of the marriage & I could be pursued for it & could conceivably lose possessions over this :eek:. We have a newborn baby & I'm now worried sick. I tried to find the letter, but my husband threw it away after I showed him.

Comments

  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Baloney
    The signatories on the original CCA are liable, assuming you weren’t one of them, then it’s not your responsibility , it may be your husbands , but it isnt YOURS
  • Sunnylooloo
    Sunnylooloo Posts: 4,295 Forumite
    I am getting letters constantly for my ex husband - they are in debts in his own name and as far as I am aware I am not liable for them (unless they were joint and the ones he is being chased for are not).

    They just chance their arm as the most recent letter I had for him said - as you have ignored the letters sent to another address we have found this address linked to you...........

    I just ignore them - I have written to them all in the past giving them his new address, he pays council tax at his new address so I don't know what else to do.
    The worst cliques are those which consist of one man ~ George Bernard Shaw
    Holiday Saving fund 2010 = £25.00 :DWeightLoss 2010 = +6lbs :(
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  • RAS
    RAS Posts: 36,160 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    hellfire wrote: »
    I opened a letter today that was addressed to Mrs <surname>. It was to do with a debt to a credit card company and was informing of court action. It stated the intention to either pursue either recovery of the debt (I'm assuming bailiff action), or bankruptcy.

    Even those these are technically possibole, they are extremely unlikely/almost never heard of

    hellfire wrote: »
    Of course I panicked at this & have NEVER had a credit card. I then noticed that on the second page it had the first name of my husband's first wife & the debt was from 1999 (I met & married him last year).

    If this debt is in first wife's sole name, then your OH is not legally responsible for this debt.

    if it was in joint names, then both are wholly liable,

    BUT - a debt that has not been paid in the last 6 years is usually statute barred anyway. Inn which case your OH can defend any court action and does not ahve to pay the money.

    hellfire wrote: »
    Someone told me that as the debt was accrued before they divorced my husband is liable for the debt and therefore me too as the current spouse. .

    Who told you this as it is not correct.
    hellfire wrote: »
    I thought that a debt where only one spouse is named and signed for it is their debt alone :(..

    This is correct
    hellfire wrote: »
    I was told that unless this debt was mentioned in the divorce decree as hubby's ex's sole responsibility, that it becomes a debt of the marriage & I could be pursued for it & could conceivably lose possessions over this :eek:. .

    Presumably the same someone who told you that you are liable for debts from the previous marriage? Someone need to learn a bit about the law.
    hellfire wrote: »
    We have a newborn baby & I'm now worried sick. I tried to find the letter, but my husband threw it away after I showed him.

    My guess is that he has recieved loads of thse over the years and become completely inured to them.
    If you've have not made a mistake, you've made nothing
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