Husband ran up bills - who is liable?

advantix

Valli wrote: »

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?

Can only speak for the energy company i work for but we would only chase the person named on the account as they are the person the agreement was with.

Cardew

advantix wrote: »

Can only speak for the energy company i work for but we would only chase 'the person named on the account' as they are the person the agreement was with.

So when it is not paid by 'the person named on the account' the debt is passed to a Debt Collection Agency and what happens then?

Valli

Cardew wrote: »

So when it is not paid by 'the person named on the account' the debt is passed to a Debt Collection Agency and what happens then?

this is where I feel they would come after the former partner in the house which was the former matrimonial home.

Voyager2002

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

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.

While the above may sound fair and reasonable, it is NOT what the law states.

Valli

Voyager2002 wrote: »

While the above may sound fair and reasonable, it is NOT what the law states.

So far I have not found any source to show whether the OP would, indeed, be liable for the debt - or not, other than for Council Tax where there is definitely a case for 'joint and several' liability and for 'tenants in common (student houseshares throwing up most hits) - also showing up as 'joint and several liability' -

can you link to the relevant law for me, please, or point me in that direction?

I haven't said OP is liable; I do feel they will at least try to 'frighten' her into paying the debt hence my assertion that 'in all likelihood' they will 'come after her'. Because they know where she is, at least!

MrsPBikerChick

The principle advantix is alluding to is, if I recall my law school lectures correctly, privity of contract. This is a common law doctrine which you won't find written in statute. It works like this:

If x and y live together (married or otherwise) and x makes an agreement with company z to which y is not a party then company z has no contractual basis on which to pursue y as y is not a party to the contract. Real world - I have a contract with Virgin Media. It's in my sole name so even though hubby and I live together and both use the services I and I alone am responsible for payments required under the contract. Hubby is not a party to the contract, he signed and agreed nothing and his usage of the service does not change that. If I fail to pay Virgin can only sue me, not him and not both of us together. Conversely, he cannot amend the contract (eg change our TV package) - only I can.

In this instance the OP must, as soon as possible, inform the utility suppliers that the husband has left the property and she wishes his accounts to be closed and new ones opened in her name. It would help to supply a forwarding address for the husband where the companies can send their final bills, dates for when he left and meter readings. In effect it's similar to if hubby had been a former tenant in a house she has now moved into.

All that aside, Nells1 my heart really goes out to you with what you're going through and having to deal with *hugs*

Valli

Thanks for that.

I could find hits 'suggesting' OP was not liable (shelter site had lots of information) but nothing specifically referring to utilities; other than a vague statement of 'you may not be liable for someone elses bill in the event of their (a partner's) death' with no explanation why; because 'death' was mentioned, as opposed to separation, it didn't really set my mind at rest!

duchy

Why on earth do people post incorrect stuff like this ?
Just guessing and then stating a guess as fact is at best irresponsible -unless you get some kind of kick out of misleading people-in which case some professional help might be useful.

OP bills in your husbands name (alone)are HIS bills- but as you've had such conflicting advice I can understand you not knowing who to believe-in which case make an appointment at your local CAB andd they will confirm for you.

MrsPBikerChick

^^ what duchy says about CAB - well worth a call/visit if only for the piece of mind of knowing you're doing something proactive. They might also be able to give you details of local family law solicitors and advise on any help with fees you might be entitled to.

macman

OP has not been back in 4 days, so we will probably never know the outcome.