in Marriage, relationships & families
4 replies 456 views
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.
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The debt is with your ex, not you. Speak to your solicitor
All the replies are answering as if that's the case. But if not, then it's not just their debt.
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.