Credits cards and seperation

MichMoor

Hello All,

Seperated from wife a year ago today, hooray 1st anniversery of freedom!

On the negative side she said at start everything will be fair :jbut of course in the end its not .

Have been left with credit card debt, both cards in my name have been used jointly, she had her own card for each account but is in my name:eek:.

Have been given conflicting advice, some have said if its in my name my tough luck am stuck with it. Others have said if she used it and that can be shown on the statements then she can be forced to take her share.

Can anyone enlighten me please:p.

[Deleted User]

It's your debt, as it's your agreement with the lender. Unless she chooses to pay you back, you're stuck with it.

MichMoor

I suspected that would be the case guess its on to put down to experience and not trust anyone with finance again.

chattychappy

Yes, it is your debt with the lender. But that is not to say she does not have a private debt with you as a result of spending on your cards. This is something that should be considered as part of the settlement - that you picking up these bills. If she continued to spend after you'd settled with her, then you might be able to enforce against her (not easy).

Cat2011

It's your debt from the credit card companies point of view, but you might be able to take her to the small claims court if it's obvious from statements that she's the one that ran up the debts? Not sure tho. Also depends how much the debt is.

Poorhouse

I had exactly the same situation 2 years ago. I was told it was my debt and I could get every CC statement and the lawyers could argue over it but it was my responsibility. I had to have an agreement drawn up that stated I kept the debt and got the house. His lawyer claimed there was £50K equity on the house and that covered all debt. I decided it was better to cut my loses and not pay the lawyers for what could be an epic battle (he was on legal aid!). 2 years later, its still tough but I'm free and now I can sell my house because I want to. Not because he's made me!

chattychappy

As all good law students will know, there is a general presumption against an intention to create legal relations within families. Ie if a husband borrows a fiver from his wife and doesn't pay it back then she can't sue him for it.

The presumption is rebuttable. Eg if documents were signed or partners have become estranged. It really does depend on the state of the relationship when this expenditure was incurred and any other relevant context.

Of course, you can always sue her anyway (after warning) and hope she doesn't appreciate these finer points and doesn't bother to defend.