Ex Partners Debt

Exos

I'm pretty sure the answer to this i already know, but i wanted some impartial opinions or advice so i had this straight in my mind.

Essentially my ex partner during our 15+ years together was abysmal with money management and on several occasions needed my help in getting past financial difficulty through consolidation and re-arrangement of finances etc to the point that we were running out of options.

There are two components to this and naturally as part of any relationship you at the time never think of future possibilities and the resultant outcome.

So anyway being helpful for both our sakes i moved over 6k of her personal debt onto a 13 month deal 0% credit card some years ago in my name (she couldnt get any credit) and 30k+ plus onto our joint mortgage.

She was able to pay the debt and has done every month by bank transfer to me. (she's never actually made any other contributions to joint debts or bills)

Obviously with the credit card through increases in credit rates the payments pretty much eventually matched the interest. There is currently about 5.5k outstanding on this right now and the mortgage is well...as everyone elses currently...ongoing for the next 18+ years.

Anyway, moving on we have been seperated for quite some time but she has simply decided to deny she has or was paying this debt and the previous payments she was making direct to me have now simply stopped.... (there is a record of bank transactions)

In addition to this, because the house is jointly owned i am now only paying 50% of the mortgage even though i don't live there and she pays the other 50%

Essentially my view on this is that i'm now screwed as it's in my name, the payments now being my responsibility to uphold.

In addition to this and i'm not sure if it adds any bearing at all, she is now chasing payment for my daughter, CSA have advised her i need to continue making mortgage payments, and also want £300+ per month

This naturally may as well put me out on the street...as my disposable income doesn't even come close as well as paying her credit card debt and our "increased" mortgage.

So basically what the hell am i supposed to do...

DarkConvict

Yes, you are screwed. Your name your responsibility. Moving her credit into your name is effectively giving her that money. I take it you never got her to sign any paperwork to show that you were only lending this money not giving it to her? And that moving the other debt onto the mortgage was her share to be paid off?

There is the option of a small claims court / CCJ, and i have seen it work in the past. In lack of paperwork and proof money was transffered, and proof of repayment (admission of the debt) a court judge does sometime rule that the money is still owed and a CCJ is setup. But you are in a difficult position, you tied yourself in with her debt and a mortgage. And paying the debt off serves you no advantage as it wasn't your debt to begin with and you don't live at the house. If the house is in negative equity you may wish to consider bankcruptcy and wipe your hands of all personal responsibility. Then only the CSA payments would remain.

Some of the recognised debt charities maybe able to offer other advice - https://forums.moneysavingexpert.com/discussion/2077631

CSA payments should only be what you can afford, and if you have no surplus i do not believe they can ask you to make any payments anyway.

Exos

Nope there was no paperwork or agreement, after the period of time together it becomes an elemenent of trust. Obviously noone thinks or likes to say at that point in most circumstances "hey you might screw me over, lets go get it formalised"

the 30k we moved onto the mortage was her personal debt, when we moved that over she started paying a little something towards the mortgage for the first time in about 10+ years, it was a estimated amount based on term, current rates and something amenable to both of us that fitted the amount as if she was taking out a loan of some description.

Effectively as i see it now, her credit card debt is no longer hers but mine because of a moment of stupidity and lack of forsight and her debt we moved over to the mortgage has become joint...

Thanks for the advice.

craigp_2

This is what has done me over the last few years since splitting up with my ex :mad:

I have an £8000 loan which was used to buy her car and a £3000 loan which was used to do the house up.

Plus I also have to pay £200 a month CSA

Exos

Don't know whether its just me or what, but i couldn't in all good conscience do that to a person, ex or not. At the end of the day its about taking responsibility for your actions..

Just goes to show how downright despicable some people are...

If i took it to the extreme, i've paid twice for her car to be repaired, and borrowed money out of savings which comes in about 2k altogether which she also hasn't paid back and was something we set as being borrowed, thats not to mention 3k+ loan on a bathroom i no longer have access too. Some people say, well thats part of a relationship and living together...but the problem is, yea thats fine but its not when a) they find themselves in the situation and b) as a couple you agree things verbally without the need for formal arrangements because thats what happens so you don't think twice.

Soubrette

Incompetent liars they are but the CSA would not have advised your ex that you need to keep paying the mortgage. Child Maintenance is based on a proportion of your net salary - 15% for one child less 1/7th if you spends 52 nights a year (one night a week) with you 2/7th for two nights a week etc etc. There are other deductions if you have other children you are responsible for etc but that is the basic formula. You can always ring and check your liability with them yourself. You are also only liable from when the CSA contact you or if you open a case yourself.

However your mortgage may be problematic as if it is an ordinary joint mortgage and she stops paying it then you may be liable for the whole debt (as would she be if you stopped paying).

The mortgage is of absolutely no interest to the CSA (neither are joint debts I'm afraid).

newyearnewme_2

I was under the impression that debts that had been incurred whilst still together for the use of the family and that the PWC had the benefit of still, could be taken into consideration or is this just under CSA1 (cases opened prior to 2003). Re the CSA there is a board on here (as a sub board on the benefits board) and Kelloggs36 is the best one to ask she used to work for the CSA.

Soubrette

newyearnewme wrote: »

I was under the impression that debts that had been incurred whilst still together for the use of the family and that the PWC had the benefit of still, could be taken into consideration or is this just under CSA1 (cases opened prior to 2003). Re the CSA there is a board on here (as a sub board on the benefits board) and Kelloggs36 is the best one to ask she used to work for the CSA.

That is a good point newyearnewme - there is something called a variation which can be applied for in certain circumstances. The CSA may take into account former debts taken out but it does have to be for the benefit of the family - this may even include mortgages but you have to have no interest in the house at all (not on deeds etc). I had forgotten those grounds as most people retain a share in the house and trying to prove loans were more than a gift is very difficult

The thing is though, is that the CSA start with their basic calculation and then either the PWC or the NRP fills out a form asking for a variation with it - there is no chance they told the PWC in this case that the mortgage should be continued being paid - from a child maintenance pov that is.

I would recommend actually phoning the CSA and asking them about these things and what kind of proof they would require that these were debts taken on for the benefit of the family, you don't have to give your name but once you have a reply you might want to ask them to put it in writing to you. What they say one day might be different to what they say the next day.

Also the CSA seem reluctant to consent to variations, they seem (from the experience of the child benefit board in general) to either severely limit them or deny them), after exhausting the rubber stamping 'we'll look at it again' option from the CSA. then the only place to go is to ask for Tribunal to look at everything. That is a lot of time in which arrears are acrruing so make sure that you start putting money away from the date they first contacted you.

Kelloggs is indeed a font of all knowledge and worth speaking to

dancingfairy

Exos - hi I think you need to get legal advice and sort out what you are going to do with the house etc as at the moment you are jointly liable and also as you have said it appears that you are currently stuck with the ex's debt being as it is now in your name.
Good Luck with sorting it all out.
df