Husband left me with debt

philbo2

Unfortunately you seem to be on the receiving end of your ex-husbands treatment as his previous wife was.If the boyfriend you previously refered to then became your husband.

System

philbo2 wrote: »

Unfortunately you seem to be on the receiving end of your ex-husbands treatment as his previous wife was.If the boyfriend you previously refered to then became your husband.

Yes that’s exactly what happened unfortunately. Love is blind.......

lisyloo

Sorry you're on the rough end of treatment (both on and off the forum).


What was your solicitor's advice at this point?
Have you been to any debt charities? We have Citizens Advice Buereau in England who can "signpost" people to the correct organisation.

macman

Your outgoings are somewhat incomplete. No rent, food, transport, insurance? Presumably you are disregarded from CT as a full time student?
My (admittedly limited) understanding of Scottish law in this respect is that it is no different to England: a partner or spouse is not liable for credit cards debts run up on their partner's card, even if they also had an additional card on the same account. In the UK there is no such thing as a joint credit card account. The debt is the sole responsibility of the primary cardholder, which is presumably you. The only circumstances in which he would be liable was if he was named as a guarantor.

[Deleted User]

Hi Seven,

This may be better posted on the DFW board.

I've asked a board guide to move it for you.

Pmo2
x

System

macman wrote: »

Your outgoings are somewhat incomplete. No rent, food, transport, insurance? Presumably you are disregarded from CT as a full time student?

The college pays my rent for now. I don’t have any insurances, car insurance was paid in full last year and my car is going to be written off I think, as someone drove into it a couple of weeks ago while it was parked. I think I will just take the bus as cant really afford to keep the car on the road anyway after April when the insurance runs out.

I am not really sure what I pay for food I really need to budget for it, bu just been hoping my ex paid up and the situation would improve.

I am exempt from council tax.

System

lisyloo wrote: »

Sorry you're on the rough end of treatment (both on and off the forum).


What was your solicitor's advice at this point?
Have you been to any debt charities? We have Citizens Advice Buereau in England who can "signpost" people to the correct organisation.

The solicitor said he is due half the debt, but to take him to court May cost as much as the debt.

System

macman wrote: »

Your outgoings are somewhat incomplete. No rent, food, transport, insurance? Presumably you are disregarded from CT as a full time student?
My (admittedly limited) understanding of Scottish law in this respect is that it is no different to England: a partner or spouse is not liable for credit cards debts run up on their partner's card, even if they also had an additional card on the same account. In the UK there is no such thing as a joint credit card account. The debt is the sole responsibility of the primary cardholder, which is presumably you. The only circumstances in which he would be liable was if he was named as a guarantor.

Hi, yes he is liable for the debts in Scottish law. All debts and assets acquired during marriage need to be split 50/50 this has been confirmed by my solicitor. My husband has admitted the debt is half his anyway, but he just isn’t paying it, not a penny.

Pixie5740

Seven wrote: »

Hi, yes he is liable for the debts in Scottish law. All debts and assets acquired during marriage need to be split 50/50 this has been confirmed by my solicitor. My husband has admitted the debt is half his anyway, but he just isn’t paying it, not a penny.

In Scotland not all debts are considered matrimonial debts. Unlike matrimonial assets these for some purposes remain with the individual who signed up for the debt originally. Joint debts such as the mortgage are equally split between the two parties. However there are some exceptions. For example if the wife takes out a loan for the renovation of the family home bathroom, then although the debt is in one name, the loan was for the improvement of a matrimonial asset and for the enjoyment of both parties, hence is matrimonial. Like the assets the debts required to be vouched. When it comes to negotiating a settlement, debts even in the name of one spouse alone are shared if the debt was for matrimonial purposes – holidays, home improvements, general housekeeping, etc.

Even if you can prove that some/all of your debts are matrimonial debts and the financial order says your husband has to pay half, you are the one who has a contract with your creditors, not your husband, therefore it is you they will pursue for the money. Your creditors aren't going to go chasing your husband for the money because they have no contact with him.

Clouds88

What I would personally do is create an SOA of all of your income and outgoings, stop paying your creditors and stop using your credit cards at all, no more credit. If you really have no money then there is nothing they can do if you stop paying them.

Start saving for an emergency fund so you have some money for emergencies ect.

People can then advise what they think is the best solution for you. When does your studies end and does it lead to a better paid job? If not, maybe think about leaving and finding work so that you can afford to get yourself back on your feet. Good luck.