HMRC debt

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Two years ago myself and my husband separated. We sold our home which was our only joint asset and we split the proceeds. I took a slightly larger share as I had to put a deposit on a home for myself and the children. My husband was to use part of his share to pay off his HMRC debts. I have decided to now file for divorce and have just found out that he never paid the HMRC and still owes them money. Can the Inland Revenue force me to pay my husband's debt?

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  • McKneff
    McKneff Posts: 38,827 Forumite
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    If the debt is solely in your husbands name, then no, they cannot chase you for the debt.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
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    Hi Nanny22, thank you for your query regarding HMRC debt
    Firstly it is not clear from you post what the debt with HMRC is for and whether your settlement was agreed by a solicitor or by court order. This is a very complex area of law as the only way HMRC could take assets from you would be by petitioning for your husband's bankruptcy and then claiming that he had made a transaction at undervalue which they could possibly overturn. I would suggest you seek advice from a solicitor specialising in family law. You can find out how to find a solicitor in your area at http://www.lawsociety.org.uk.
    Hope this is of assistance
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • Nanny22
    Nanny22 Posts: 6 Forumite
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    Thank you. My husband was a sole trader the debts are unpaid tax and VAT. I never had anything to do with his business so there was nothing in my name. No, our settlement wasn't agreed by a solicitor. The solicitor who dealt with the house sale paid £90k into his account and £95k into mine after completion. It is only now after nearly two years' separation that I am going to file for divorce that I have found out that he has never paid the tax man and spent the money supplementing his income.
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