Ex debt 31 January 2022 at 4:42PM in Marriage, relationships & families 4 replies 456 views

sarandave

Are you ever responsible for ex debt, can you be forced to sell house due to ex debt  (they are not on mortgage or land registry) however we are not yet divorced.

Keep_pedalling

The debt is theirs alone, but assuming this was not a short marriage the property is likely to be considered a matrimonial asset as far as the divorce settlement is concerned so indirectly there may be consequences for you.

Mimi_Arc_en_ciel

sarandave said:

Are you ever responsible for ex debt, can you be forced to sell house due to ex debt  (they are not on mortgage or land registry) however we are not yet divorced.

Is the property being included in the divorce as a marital asset?

The debt is with your ex, not you. Speak to your solicitor 

Savvy_Sue

Just checking, is the debt in the ex's sole name? Their name on the loan / credit card / overdraft and not yours?

All the replies are answering as if that's the case. But if not, then it's not just their debt.

TBagpuss

There are2 different legal relationships.

1. Between the creditor and the person who owes the debt. 
2. Between you and your spouse.

If the debt is in your spouse's sole name, then (unless you signed a guarantee) the creditor can't pursue you or claim assets in your name to pay the debt. So your spouse's credit card company or loan provider can't claim money from you. 

However, as between you and your ex, when looking at a financial settlement a court has to decide what is fair and reasonable looking at all the circumstances  So you would both disclose any debts, and in considering what your spouse's needs are, the court can take into account their debt, and can also look at how the debt was built up. If it was (say) credit card debt built up because they were paying for family holidays, day to day living costs etc, so that you / the family as a whole was getting the benefit, then it's more likely to be reasonable to treat it as if it were a joint debt.

If it was a short marriage and they had the debt before the two of you met, or if it has been built up due to extravagant living since you separated, it's less likely that a court will think it fair for you to contribute.

The house, although in your sole name, is still a matrimonial asset do they may well be entitled to a share of the equity, regardless of how the debts are treated.