joint debts

[patbur]

CAN ANYONE PLEASE TELL ME...i have been assured by someone whose solicitor quoted it to her soon to be ex's solicitor in the 1980's that there was law which held a husband accountable for his wife's debts, the joint loan is subject of dispute, he is first named and insured, I have 'taken' double the amount with me as other debts which are in my sole name tho funded the furniture etc and assorted purchases during marriage, he has the tenancy and EVERYTHING in the house including fitted kitchen and bathroom, groundwork and drive, �12,000 worth paid for with joint loan he now wants me to pay half of...I am just outside legal aid band which does not mean I can afford to pay just that the figure is unrealistic! I have taken little more than personal possessions and do not want anything, just to be left alone to get on with my life and not be taken to court for his benefit...HELP PLEASE anyone!???

[themas]

Sorry, this is not want you want to hear but if this was a joint loan taken out in both your names and you both signed it then it comes under what is called "joint and several liability". This means the creditor can pursue either of you for the full amount of the debt. But if they know your financial circumstances are much worse than your husband's they are far more likely to pursue him than you. (If you owned a house and the loan was secured on the house the situation may be different.)

If you are divorcing the financial split should be settled by the Court if the two of you can't agree, but this is difficult for you if you can't afford a solicitor.

You say you have other debts as well. You could get free debt advice (avoid fee charging "Debt Management" companies) from your local CAB, or Payplan or CCCS. If you have no property or assets you could consider bankruptcy but you need advice on the implications.

[patbur]

but does the law exist? if it did then i would have the reasoning/bargaining power of the fact that i am paying for twice as much for twice as long and not 'dumping' the debts on him so he should shut up n pay up as he is reaping all the rewards in keeping all that both the joint AND what I'm paying for has bought.

[Hgrove]

You might try a Law Centre - ask your local CAB to direct you to the Law Centre.

[Oneeyedvic]

Most agreements are regulated by the Consumer Credit Act 1974, so I doubt very much that there was a law in the eighties holding a husband responsible for his wife's debts.

[themas]

I am pretty sure there was no law in the 1980s that made a husband accountable for his wife's debts, and I am certain there is not such a law now.

[lady_p_gold]

As the others have said you need to go along to the CAB or get some legal advice. I am assuming the house is rented as you mentioned a tenancy, as of course if it is owned then you have a share in it. If you are going to get a divorce then everything is viewed as the marital property, including debts, bank account balances, furniture ... . Unfortunately if you are legally married then you can't just be 'left alone' to get on with your life because this will keep on bubbling up until it is properly sorted. Is he working, how long was the marriage .. all these things need to be taken into account. It is worrying for you, but if you can get something drawn up at least you will know where you stand.

[Killerschick]

To clarify there is definitely no law which holds a husband accountable for a wife's debts nor has there been in recent history. Perhaps your friend misunderstood the situation, for example credit card agreements are always just in one name but you can have two cards. So a wife could incur a debt that her husband is liable for but that is because he signed the agreement.

In addition, even if the ancillary proceedings in a divorce ordered that one party was to pay a joint debt, the creditor could still pursue either or both.

However, if for example, you were ordered to pay a joint debt in the divorce but failed to do so, the creditor could still pursue your ex-husband but he could then pursue you for any money he paid to the creditor.