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Will I have to pay off my husbands debt? |
In 2007 myhusband ran up debts which, with my help, are now cleared. We separated shortly after and have not been togther since, however, he still receives post here. I believe he has financial issues agin ( soliciotrs have been calling) and I am concerned that I will be liable for any debts he has accrued. We still have a joint mortgage - as my son is with me - and I am concerned that companies/baliffs will come after me.
Re: Will I have to pay off my husbands debt?
You can only be pursued for debts for which you have personal liability. That means any debts that are in your name alone or are jointly held with someone else. Any debts acquired by your estranged husband in his sole name are his responsibility alone.
Bailiffs will only call if a County Court Judgment has taken place which he has failed to pay, if they do you will just need to prove he no longer lives there and that the belongings are yours. I would start returning his post to the creditors noted “not at this address”
However it is important to note that creditors can begin proceedings in court to recover payment of unsecured debts from any assets that belong to your husband. If your husband has any beneficial interest in the property, that is that he is entitled to any of the equity in it, then there is potential that the debt could be recovered from his share of any profits in the house.
This is usually achieved by placing a charging order on the property so that any money owed can be retrieved from the proceeds of the sale if the property be sold in the future. An order for sale could be made which would force the sale of the property. You would be able to petition the court and argue that a charging order, or order for sale, should not be granted and the court does have wide powers of discretion but I could not state that they would not allow the charge or a forced sale.
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