some advice please

scotty1971

Looking for some advice for my brother in law.Recently split from his wife,rented accommodation(she has moved out) which they owe £1000 in rent arrears,he was giving her money to pay this but she hasn't.Is she still liable for half the unpaid rent? She has kept the car which he paid for,(don't know if that would make any difference as they were married).she has also threatened to come and clear the house when he is at work as she still has keys,is there legal way he can get the locks changed to prevent this as he can't be in the house at all times.

thanks

RAS

Basically if her name is on the rental agreement, she has the right to enter the house and if he changes the locks, she can get a lock smith in.

She and he BOTH remain liable to pay the whole of the rent for the whole of the rental period. Is this fixed term or periodic?

Since they are married, all assets and debts are of the marriage and will be shared between them as part of the divorce settlement.

Any children? Any joint accounts? Has he checked that the CT is up to date and asked for the single person discount?

I suggest he removes anything he treasures and all paper work as a matter of urgency.

scotty1971

thanks,no children involved.

will pass this onto him

even if some of the debts are in her name only,gambling debt

RAS

There are two levels with this:

1. From the point of view of debt collection, creditors can go after both parties for the whole of the debt (joint and several liability) if it is held jointly. Like rent and Council Tax and any joint accounts.

If the debt is in one name only, they can only pursue the person in whose name it is held (and getting your other half to take out debts for things you want is a classic way of transferring liability to the other person before you swan off).

He needs advice about the car. No idea on that one. Perhaps call National Debt line?

2. When they divorce, the assets and liabilities of the marriage will be assessed. Since they appear to have few assets and some debts, this will mean allocating the debts. This is usually done by mutuial agreement. He would be wise to insist she pays her gambling debts and accept he may end up with any joint debts like the rent?

He must stop any joint bank accounts and I would suggest that he removes her from the electoral roll ASAP and gets his credit records from all 3 ratings companies.

Also change all passwords.

scotty1971

thanks for the advice,i'm sure he will greatly appreciate it

scotty1971

sent you a message