ex wife left electricity debt am i liable?

loopy_lass

hi my mates ex wife left the property last year leaving a huge electricity debt of 4k, he has been paying it over then last year but now thinks that he has paid enough and its about time she took on her "half" even though the bill was in her name he has paid as he says he was living there at the time and had benefit of the electricity.

is he liable ? if not how does he stop paying without being cut off ?

cheers loops x

macman

If the account was in her sole name then it was technically her debt, not his.
But if he's already paid half of it then he has made it clear to them that he was in occupation when the debt accrued.
The debt is not divisible in half, the utility co. will consider it a 3rd party dispute and none of their concern. By paying it for a year, along with the ongoing usage, he will be considered jointly and severally liable for the remaining debt, along with his ex.
How did he manage to get £4K into debt without them fitting a PPM anyway?

loopy_lass

hi thanks for reply, so by paying hes tied himself into it... blimey !!! the reason it got the that stage is apparently she said she was paying the bills when in fact she was setting up another home with her new fella! charming ....

but like you said how come they didnt act sooner. would it be advisable to speak to energywatch or cab?

cheers loops

macman

Why didn't he do the obvious and set up a new account in his name when she moved out?
It would be advisable first to speak to the supplier. Why would CAB or energywatch be interested?

mattcanary

Are the arrears correct?

£4000 sounds like a lot of electric to use without a prepayment meter being fitted. Unless it was all billed in a short time interval. This would mean there is a chance the arrears are inaccurate (dependant upon the starting reading the supplier used when the meter was fitted/ when your friend moved in/ when he moved to his current supplier).

Joyful

Both people will be responsible if they lived there. In any divisions of assets this should have been classed as a debt and split down the middle. If he has not done that he may have the option to take the ex to the small claims court. As far as the energy suppliers are concerned the debt would not have been wiped if they could prove he had lived there during the time the debt built up- usually by voters roll and if any credit was taken out in his name during the same time at the address. The Energy supplier will not half the debt and chase the other party so it is up to your friend to do this.

bengasman

macman wrote: »

If the account was in her sole name then it was technically her debt, not his.

Not when you're legally married.

macman

Since when did a spouse assume responsibility for the debts of the other partner?
The OP's responsibility for the debt is down to living in the house, not due to their relationship status.

bengasman

Gains and losses accumulated during lawful wedded marriage are jointly acquired, unless particular steps have been taken to circumvent that.

macman

Could you provide some evidence of that?
So were my wife to do a runner and I find that she'd racked up £10K debt on her credit card, the card issuer could pursue me for the debt? I don't think so.

Voyager2002

bengasman wrote: »

Gains and losses accumulated during lawful wedded marriage are jointly acquired, unless particular steps have been taken to circumvent that.

Under French law maybe, but not in Blighty.

Or can you post a link to prove otherwise?