Am I liable for Ex'es Debt

finnan89

Sort of. 

My understanding is that regards payment of debt the people named on accounts are responsible for payment of that debt. E.g. If in my name I pay it, if in her name she pays it. 

However, financial matters do need to be discussed as part of the divorce (especially as I'm wanting a clean break so I can move forward with my life with some clarity). Where I expect we'll both need to disclose debts and assets.

I'd be very surprised if I needed to pay anything towards her debts, when mine are in the region of 4x more - which I'm not asking her to pay anything for. If she demands I pay off half her debts she's more than welcome to pay off half of mine as well.

My main concern was if she's not taking charge of her finances that's not a problem I want on my doorstep. Any other financial conversations can take place via the right channels with the appropriate advice. 

elsien

sevenhills said:

Just open one of the letters, you are still married. Do you trust her not to get more debt?

Whether he trusts her or not is irrelevant. Any new debt that she runs up is in her name and nothing to do with him.
The only debts he needs to worry about are any in joint names. A previous marriage certificate doesn’t change that.

castle96

sevenhills said:

finnan89 said:

Since the split it's been tough but I can just about balance the books. I have significant debt from the relationship still but I'm chipping away at it. I just want to ensure any problems she might be creating her end now don't come back to bite me.

But you haven't made the final split yet, so her debt is still partly your debt. Is that how it works?

No it isn't

marcia_

sevenhills said:

finnan89 said:

Since the split it's been tough but I can just about balance the books. I have significant debt from the relationship still but I'm chipping away at it. I just want to ensure any problems she might be creating her end now don't come back to bite me.

But you haven't made the final split yet, so her debt is still partly your debt. Is that how it works?

 No the only debt the OP is liable for is debts in his name. 

 Any debts in the wife's name our hers alone. 

tightauldgit

marcia_ said:

sevenhills said:

finnan89 said:

Since the split it's been tough but I can just about balance the books. I have significant debt from the relationship still but I'm chipping away at it. I just want to ensure any problems she might be creating her end now don't come back to bite me.

But you haven't made the final split yet, so her debt is still partly your debt. Is that how it works?

 No the only debt the OP is liable for is debts in his name. 

 Any debts in the wife's name our hers alone. 

Any debt taken out in a sole name is not the responsibility of the spouse in terms of repayment and you are not liable if the debt collectors come calling or the bank takes any action against them. 

HOWEVER, debts accrued in sole names can still be considered part of the marital asset pot for the purposes of divorce and financial settlements (even those incurred after separation) so not strictly hers alone.