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can I be made responsible for my estranged husband's debt now he cannot work?

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  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    one can be pursued for debts the other half has run up

    I am sure you are correctly conveying what you were told, but it does depend on the circumstances.
    No-one is responsible for someone else's debts.
    However most married couples do share some assets - commonly housing and joint accounts. In that context (joint assests) one could be pursued for the debts of the other because one may be holding assets belonging to the other.
    However where assets are clearly split e.g. house in one name, then one person is not responsible for the oher debts.
    Now it may be more complicated than that because sometimes homes can be "matrimonial assets" regardless of ownership on paper.

    I agree with you about see a solicitor because the advice is always given in context.
  • No, you have zero liability for debts that are purely his. However, some men in his situation trick their spouses into signing papers without explaining what they are, or even forging the wife's husbands signature.

    And plenty of women have done the same!!!!
  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    From what I've read recently. The assets whether single owned or joint are actually joint assets - same as debts.

    That would mean that although you are the only person on your mortgage he is entitled to half of the equity in it and you are liable (potentially) to paying half his debt. I imagine that would be at the time he left, debtwise, not since

    Get a free initial appt with a solicitor quickly and see exactly where you stand. If you get WTC you can get reduced or free divorce fees
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    simpywimpy wrote: »
    From what I've read recently. The assets whether single owned or joint are actually joint assets - same as debts.

    That would mean that although you are the only person on your mortgage he is entitled to half of the equity in it and you are liable (potentially) to paying half his debt. I imagine that would be at the time he left, debtwise, not since

    Get a free initial appt with a solicitor quickly and see exactly where you stand. If you get WTC you can get reduced or free divorce fees


    A link to what you have read recently would be useful. Thanks
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The assets whether single owned or joint are actually joint assets - same as debts.

    Please point us to what you've read.
    It doens't sound right to me at all.

    Assets like homes can become joint because quite often one partner contributes by providing full-time child care rather than earning an income. This entitles them to a share - but this is entirely contextual. My understanding is that assets and debts are not automatically joint unless take out in that form.
    That would mean that although you are the only person on your mortgage he is entitled to half of the equity in it

    I think this is also bad advice.
    It is entirely contextual.
    If for example I married a man then my house would not become his overnight.
    If he stayed at home and brought up the children for years then in that case his contribution to the matrimonial assets WOULD be taken into account, but it's not automatic and doesn't happen overnight or even with a change of status like marriage.
  • When a divorce goes through, the court can decide who is liable for any debts. So if your soon to be ex runs up massive debts in their own name (even maliciously), you could still made liable for them as part of the divorce settlement.
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