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Posted date: 2011-04-14

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Are you liable for debt in a divorce

Are you liable for debt in a divorce

It can be tricky to decide who is legally responsible for debt in a divorce. Despite what the parties may agree between themselves, the legal position may be very different. If you signed along with someone else you have joint and several liability. This means you will each be regarded as owing the full sum. This means that the lender can come after either party individually as well as both.

It is a general rule that a person is not liable for their partner's, or anyone else's debts, unless you signed an agreement or acted as guarantor. The two main exceptions to this are council tax and water charges. It is often the case that a debt collector will try to make you believe that you have to pay for debts which may have benefited from eg. Gifts to you made by a credit card in a partners name, but this is wrong.

Remember just because you have lived with someone does not make you liable for their debt. You should always check that the money that is being claimed actually has evidence to support it. This will ordinarily be in the form of a signed agreement. It has come to light that hundreds of thousands of loans and credit cards may be unenforceable due to the fact that paper work which must exist to prove the existence or an obligation to repay the debt is not available or was never completed properly. We can get these agreements written off, via a credit card write off programme.

So, did you sign an agreement? Most people will have to sign an agreement in order to get money or goods on credit. If you signed the agreement alone, you have sole liability. You cannot make someone else liable for this debt.

If you have signed as a guarantor for someone, you have accepted liability for the debt in the event that the other person does not pay. This would make both you and them jointly and severally liable.

If you decide after reading this that you have debt problems which you need to deal with, we would recommend talking to use about the possible solutions such as an IVA and Debt Management.

 

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