Debts - Joint Or Not Urgent Help

japanesegirl

Hi al havent been around for months as sorting out divorce etc etc.

We have been in a DMP with CCCS for over a year - my ex is claiming that ALL debts are joint despite the fact that his debts in his name amount to £29K and mine is my name amount to about £12K. He is insisting that the debts have to be amalgamated and paid off from equity of house before the equity is split.

I am claiming that a debt in your own name is your own debt. I am requesting that the split is prior to paying off debts and we are then each personally responsible for our own negotations and repayments of debts.

He salary package is £40K whereas mine is £15K.

who is right?

RAS

Legally, you are responsible for the debts that are accrued in your name and he for those in his name.

In practice, he can make life difficult by not agreeing to the sale of the house. Can you afford to keep it going if he does that? Have you got proper legal advice on this and are there any children involved?

Morally, it may be that the answer depends on what the debts are for and who will retain the asset after the divorce. If it is a car and he is taking it, then he picks up the tab, but if he funded home improvements and you are going to benefit from the increased equity, then you take that out before spliting the equity.

climbgirl

Legally, you are right. The only person legally responsible for a debt is the person who's name it's in. I'm not quite sure how you go about splitting a joint DMP with CCCS, but legally the person who signed for the debt is responsible for it.

Morally, it's more of a grey area! If you took the debts out in his name for something you both wanted and agreed to buy, it's a bit harsh to leave them all to him. But legally, as the person who signed the debt, he is responsible for them.

climbgirl

RAS is right, he can make things tricky by holding up the house sale (although he misses out on the equity by doing that).

Can I ask what the debts were taken out for? Don't post it if you'd rather not.

HairyHandofDartmoor

As he earns a much bigger salary than you I think that morally he should be responsible for debts in his name, as well as legally.

I know that in practise he could be awkward over the house sale. Can you get any sort of free legal advice? On your salary maybe you would be able to get legal aid? (although I know nothing about this so hopefully an expert will come online soon!) A good solicitor could get a better outcome for you.

japanesegirl

I have two children 9 and 12 - the house is sold subject to contract, I will have to rent as cannot afford a mortgage on my salary.

He is trying to blackmail and bully me into me paying off debts in his name.

He took out loans without my knowledge during the marriage and credit cards - yes some were used on the house but the reason for the quickie divorce is that he has been spending money on his other 'interests' namely having extra marital affairs in hotels with women during daytime and spending family money on that and joining dating agencies and much much more weird stuff.