Husband left me with debt

System

Pixie5740 wrote: »

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.

Hi there,

Thanks for that, yes I am aware that it is myself who will be pursued by creditors.

My solicitor and his solicitor have both agreed that he is responsible for paying the debt, that’s not the issue. The problem is that he just isn’t paying it, even though he twice has said he will. He is living with a new partner and in a much better position to be paying it than myself who is living alone. I am only asking him for his fair share, nothing more.

spadoosh

Seven wrote: »

Hi there,

Thanks for that, yes I am aware that it is myself who will be pursued by creditors.

My solicitor and his solicitor have both agreed that he is responsible for paying the debt, that’s not the issue. The problem is that he just isn’t paying it, even though he twice has said he will. He is living with a new partner and in a much better position to be paying it than myself who is living alone. I am only asking him for his fair share, nothing more.

And it seems asking nicely isnt working.

You have two options. Take him to court or pay it yourself. It doesnt sound like hes about to have a sudden change of heart anyway, you know him better than we do so you make the call on if you think hell pay.

Verityspinelli

You said in your 2011 post this:

15th Mar 11, 9:40 PM
“The 100 per week was to help her out with electric etc as she was begging him for money because she is out of work and has no income.”

That was what you said was the reason for him paying her £100, and that he, in your eyes, was doing her a favour by helping her out and wasn’t in fact taking any responsibility for any of the debt.
I am guessing that now he is no longer in your favour, you can admit he wasn’t actually helping her out at all, he was probably paying towards the debt and when he decided he didn’t want to do it anymore he stopped and said he was just doing her a favour “honest sir” unfortunately he doesn’t sound like the sort of person who really cares what financial situation he is leaving behind as he closes the door. (If of course he WAS compliant in the cause of the debt.)

I hate to break it to you but he didn’t help her and I doubt he is going to help you, so you need to figure out how you’re going to pay it back or how you are going to solve this financial situation you’re in. You have to take responsibility for this and stop wasting time looking for a get out clause, it is quite obvious he is not going to take responsibility for the debt that he may or may not have helped you build up on a debt in your name. I hope you find a solution but I don’t think you’ll find it coming from his direction.

System

Verityspinelli wrote: »

You said in your 2011 post this:

15th Mar 11, 9:40 PM
“The 100 per week was to help her out with electric etc as she was begging him for money because she is out of work and has no income.”

That was what you said was the reason for him paying her £100, and that he, in your eyes, was doing her a favour by helping her out and wasn’t in fact taking any responsibility for any of the debt.
I am guessing that now he is no longer in your favour, you can admit he wasn’t actually helping her out at all, he was probably paying towards the debt and when he decided he didn’t want to do it anymore he stopped and said he was just doing her a favour “honest sir” unfortunately he doesn’t sound like the sort of person who really cares what financial situation he is leaving behind as he closes the door. (If of course he WAS compliant in the cause of the debt.)

I hate to break it to you but he didn’t help her and I doubt he is going to help you, so you need to figure out how you’re going to pay it back or how you are going to solve this financial situation you’re in. You have to take responsibility for this and stop wasting time looking for a get out clause, it is quite obvious he is not going to take responsibility for the debt that he may or may not have helped you build up on a debt in your name. I hope you find a solution but I don’t think you’ll find it coming from his direction.

Hi there, my 2005 post is correct, although has nothing to do with my current situation, so I am confused as to why it is being brought up, but thanks for your very unhelpful comment.

I am not on this board asking for help to get my husband to pay I have accepted he isn’t going to do this willingly.

My reason for coming on was for advice on how I could pay or if I should go for sequestration. Obviously most people are on here just to judge or be horrible to people like me.

If you’re not going to be nice don’t say anything at all!

UNBELIEVABLE!

Verityspinelli

Almost every answer you have given has said you are chasing him for the debt through solicitors etc. Other posters have asked you to give a full account of your earnings, outgoings etc to see if they can help you but so far you have not obliged them with anything. I mistakenly thought you were here to find out how you could get money after 2 1/2 years from your ex. Waiting for people to say something nice is not going to help your situation, I’m just telling you that people will try to help you if you tell them what you want help with.

System

Verityspinelli wrote: »

Almost every answer you have given has said you are chasing him for the debt through solicitors etc. Other posters have asked you to give a full account of your earnings, outgoings etc to see if they can help you but so far you have not obliged them with anything. I mistakenly thought you were here to find out how you could get money after 2 1/2 years from your ex. Waiting for people to say something nice is not going to help your situation, I’m just telling you that people will try to help you if you tell them what you want help with.

What rubbish, you obviously didn’t read my first post properly, or other posts. I have had help from people on this thread. Very good help!

You’re obviously not here to help.........

Dean000000

Verityspinelli wrote: »

Almost every answer you have given has said you are chasing him for the debt through solicitors etc. Other posters have asked you to give a full account of your earnings, outgoings etc to see if they can help you but so far you have not obliged them with anything. I mistakenly thought you were here to find out how you could get money after 2 1/2 years from your ex. Waiting for people to say something nice is not going to help your situation, I’m just telling you that people will try to help you if you tell them what you want help with.

Careful mate. Negative comments like that will get you put on the troll list.

OP has stated on a few occasions that they only want to hear ‘nice things’ so please keep things friendly and only say the nice things, or, nothing at all.....

As respectfully requested

Verityspinelli

Yes sir ;-)

efes_shareholder

Are you able to issue a claim on his through the small claims court ?

System

efes_shareholder wrote: »

Are you able to issue a claim on his through the small claims court ?

Tried it, paid £100 and was rejected, told to go through the family court, ie divorce, which costs a fortune!