Husband ran up bills - who is liable?

Nells1

Hi, I have just split up with my husband after I found out he was having an affair. We'd had a rough few months, he had been stealing all my money, disappearing for 2 or 3 days at a time and generally acting strange.
Since he has been gone I've found out he was in arrears on pretty much everything. He had been hiding his letters and I knew nothing about it. I found an electricity bill for £2300 so goodness knows how much the gas and water bills are. My question is, now that he's moved out of the property, who is eligible to pay these arrears? The bills were all in his name and I was giving him money towards gas and electric although it wasn't being paid. Thanks in advance for any knowledge/ wisdom anyone can share.

sam042013

I feel sorry for you. Even if it's his name, you guys are married. So I think the company will ask both of you to pay for your bills.

spiro

Under 'jointly & severally liable' they can chase both of you, typically they will after the easiest person to find which in this case will be you as for gas and elec they can fit a PPM. Whilst these cost as the same as pay on bill (which I guessing who you where paying before) the debt will spread over a long period depending on you income/outgoings. It could be as low as £5 per week per fuel. Given the fact you owe £2300 for elec I am suprised they haven't already gone to court to get one fitted. My advise would be proactive and call the supplier as that way you wont get court fees etc added to your debt.

macman

sam042013 wrote: »

I feel sorry for you. Even if it's his name, you guys are married. So I think the company will ask both of you to pay for your bills.

Marriage has no bearing on this whatsoever. If the OP is jointly and severally liable as a joint resident of the property, then they're liable whether married to the account holder or not.
Equally, you don't become liable to your partner's debts upon marriage.

Wywth

Nells1 wrote: »

Hi, I have just split up with my husband after I found out he was having an affair. We'd had a rough few months, he had been stealing all my money, disappearing for 2 or 3 days at a time and generally acting strange.
Since he has been gone I've found out he was in arrears on pretty much everything. He had been hiding his letters and I knew nothing about it. I found an electricity bill for £2300 so goodness knows how much the gas and water bills are. My question is, now that he's moved out of the property, who is eligible to pay these arrears? The bills were all in his name and I was giving him money towards gas and electric although it wasn't being paid. Thanks in advance for any knowledge/ wisdom anyone can share.

The supplier will not wish to get involved in your matrimonial disputes; as others have stated they will go after the easiest person and as you are still at the supply address I don't rate your chances too highly.

I suggest you contact your utility suppliers, find out what is owed and come to an arrangement to pay them.

I suggest you take independant legal advice over whether or not you wish to pursue a legal claim (if one exists) against your husband ...

Nada666

macman wrote: »

Marriage has no bearing on this whatsoever. If the OP is jointly and severally liable as a joint resident of the property, then they're liable whether married to the account holder or not.
Equally, you don't become liable to your partner's debts upon marriage.

But it is far more straightforward to claim an equal share from a joint resident through a small claims court than a partner - surely to be granted a claim against a partner would require a complete and formal separation/divorce arrangement for the whole household rather than just a utility bill.

markharding557

You are both equally responsible for all outstanding debts I'm afraid.
I have posted a link to a good divorce advice site which will help you with your next steps.
http://www.wikivorce.com/divorce/

advantix

Based on the energy company i work for, if the account is in your (ex)husbands name then he and he alone is responsible for the outstanding debt, you need to get it changed into your name if he has moved out and you are now solely responsible for the bills. However, if the account was in joint names then you are also responsible for the debt.

As i say, this is based purely on the company i work for and other companies may have a different view of things. It doesn't matter if you are married or not, if the account is in the name of "person a" then "person a" is the only person responsible for the bill, whether they live alone or with 35 other people at the property, only the person named on the account is liable. If the account is in the name of "person a and person b" then both are liable

Valli

advantix wrote: »

Based on the energy company i work for, if the account is in your (ex)husbands name then he and he alone is responsible for the outstanding debt, you need to get it changed into your name if he has moved out and you are now solely responsible for the bills. However, if the account was in joint names then you are also responsible for the debt.

As i say, this is based purely on the company i work for and other companies may have a different view of things.

Given that

• these bills were for supply to the property in which both parties lived
• the parties were married at the time
• the OP is still resident in the property where the supply was used
• the OPs husband has now left the matrimonial home
• the OP is still resident in the matrimonial home

in all likelihood, OP, they will come after you. if you don't pay up then they may start proceedings/CCJs etc to force payment and non-payment will be recorded against the property and against you

However, keep a record of all bills that you pay then, down the line when division of assetts comes up you can claim your ex husband will owe you half the money for the bills up until the point he left.


Just as you're each entitled to (usually) a 50/50 split of assetts by the same token you're equally liable for 50% of the debt.

advantix

Valli wrote: »

Given that

• these bills were for supply to the property in which both parties lived
• the parties were married at the time
• the OP is still resident in the property where the supply was used
• the OPs husband has now left the matrimonial home
• the OP is still resident in the matrimonial home

All these points are irrelevant if the account was only in the husbands name. A person cannot be held responsible for someone else's debt. If person a makes an agreement with an energy company to pay for the bills then person b cannot be held responsible for any debt under person a name as person b does not have any agreement with the company.

This is why the energy company i work for now only allow only 1 name on an account.

OP - Which energy company is it (if you want to say, if not it doesn't matter)

Also, A CCJ is NOT registered against a property, just as a default is NOT registered against a property but a person

Valli

advantix wrote: »

All these points are irrelevant if the account was only in the husbands name. A person cannot be held responsible for someone else's debt. If person a makes an agreement with an energy company to pay for the bills then person b cannot be held responsible for any debt under person a name as person b does not have any agreement with the company.

This is why the energy company i work for now only allow only 1 name on an account.

So are you saying that they definitely WON'T chase OP for the money?
I have my doubts...

OP - with which energy company are you?