settlement of debts on divorce

[hellokitty74]

my wife and i have divorced she is applying to the mortgage lender to have me agreeably removed from the mortgage. but does anyone know what will happen regarding outstanding debts, loans etc. some are in joint names some my name alone. the ones in my name alone she is still benefiting from the use of the things that were bought with these agreements within the former marital home. am i entitled to ask for the items to be returned to myself , if i am made to complete the payments on them? i am struggling to keep my head above water as she has just forwarded everything to myself to pay whether it be joint or solely in my name i have people demanding money of me constantly and her solicitor is taking so long. i am reluctant to apply for any help financially as yet as i just dont know where i stand with all this. i cannot afford a solicitor and dont qualify for legal aid. i just cannot move on in any way or look to the future . HELP!

[drambuie]

Our joint marital debt was paid by my ex with saleable joint assets ie car and motorbike. The debt was all in his name but i willingly gave up these items because it was my debt as well.

[themas]

All financial aspects of divorce are settled by what are called "ancillary matters". Effectively, all the assets and liabilities (including debts) go into a pot and a decision is made on how the pot is split. If the two parties cannot agree on the split the judge makes the decision.

The problem for you is that this can become quite complex and disputed cases are best handled by a solicitor - otherwise you have to represent yourself and can be at a disadvantage in not knowing Court procedure, forms etc., and not knowing what sort of split is likely to be seen as reasonable by the Court. Ideally, you should list all the assets debts and liabilities and try to come to an agreement with your wife on what is to happen to each of them.

So far as creditors are concerned, if there are debts in your sole name they can only chase you. For debts in joint names they can chase either of you - you are both jointly and severally liable for the whole amount.

Your top priority has to be to make sure you pay to keep a roof over your head, pay essential bills such as council tax, gas, electricity etc., and have enough to live on. If you then cannot afford all the payments on the other debts you need to explain your situation to creditors and try to agree reduced payments with them.