Couple's Debt

ldoodle

Well-known Member
I have a friend (honestly!) that is seperated from his wife though not divorced.

It's not nice between them and it's always him that stumps up the money when needed for either of them or their son. To cut a long story short they moved in together years ago; he put a massive deposit down, plus another god knows how much on complete renovation (he even paid a painter to do all the decoration). He also paid for 99% of things when they went out etc.

Due to their lavish spending they got into quite a bit of debt along the way, though seemed to have it under control, but now they are seperated he's left with all the bills. He contributes to her flat, car, and obviously maintenance for their son, so he is not coping with it all. Everything she earns she spends on herself; for example it's her friends 30th today so she got loads of champagne in (and had not problem bragging that fact to him). She also said to his face that her mum's buisness is doing well so they are getting matching range rovers with their initials on, that's how much of a show off she is.

Anyway, the point to the story is the debt, which I believe is around £30k. Surely they must share the burden of paying it back, just as everything else is 50/50 once married, yet she is not playing ball.

Is there anything legal he can do to force matters? For example their house has gone up in value so she want half of that value, which he paying as and when, but can this be legally stopped based on the value of debt?

Thanks for listening :smashin:
 

Phil57

Well-known Member
Which of the two, or is it both, has the debts to their name?
 

unique

Moderator
i think your friend really needs to see a solicitor and put those questions to them. ultimately it would probably be up to a court to decide, unless they can reach an agreement between them
 

Steven

Senior Moderator
Whose name is the debt in and how old is the child? Income expenditure for each?
 

ldoodle

Well-known Member
Which of the two, or is it both, has the debts to their name?
I think it's probably something like 80/20, with him the former. The thing is she has always been in debt with her own credit cards and it was always him that bailed her out. But I can't be sure to be honest.

Does it matter though? If everything was in his name she would still be entitled to half, so surely it's the same with debt.
 

ldoodle

Well-known Member
Whose name is the debt in and how old is the child? Income expenditure for each?
See my reply above. Their son is 2 and half, but income is variable for both as she's part time to look after their son, and he's a salesmen.
 

ldoodle

Well-known Member
Is her car is your mates name? if so take it back and sell.
I'm not sure, but the thing is it's not as easy as that as she needs a vehicle to a) get to work, food shopping etc and b) take their son out.
 

ldoodle

Well-known Member
I have told him to get advice but he's hesitant. Why I don't know, but I think he's not sure how/if the debt is indeed shared.
 

Phil57

Well-known Member
I think it's probably something like 80/20, with him the former. The thing is she has always been in debt with her own credit cards and it was always him that bailed her out. But I can't be sure to be honest.

Does it matter though? If everything was in his name she would still be entitled to half, so surely it's the same with debt.
Err.......................................Nope!!
 

pandemic

Well-known Member
Start with the Citizens Advice Bureau, if they don't have the answers they have lawyers in on some days. Which I believe will cost nothing.
 

Steven

Senior Moderator
Any legal aid family solicitor will provide a free initial interview and that is what your friend should ideally do, as that is an opportunity to write all the sums down

When a married couple splits the judge wants to sign off a financial agreement ensuring a clean break and fair split as far as is practicable and possible (whether by a consent order or decided by the judge). As she is only working part time and has a young child fully dependent on her then your friend needs to be realistic and understand a divorce might not necessarily result in a lesser financial contribution because of those factors. The fact he contributes to the mortgage, car, bills and towards his son is precisely what would be expected of him should he take the legal route. In reality what would only change is the size of the contribution (up/down/same is dependent on each specific circumstances)

Obtain professional advice as the devil is in the detail
 

ldoodle

Well-known Member
Err.......................................Nope!!
How is that right. There are lot of manipulative people around so what is stopping them from wanting this and that but get someone else to pay for it and get in debt over it.

If they can wash their hands of that debt, then they should not be entitled to 50/50 of anything else.

What muppet comes up with these laws.
 

Steven

Senior Moderator
Actually if a debt is in two names then the creditor will probably "deal" with the primary, otherwise with both. If the primary defaults then they chase the other. It makes no difference to the creditor

Again touching on the legal front, it is not unheard of to clear something like the credit card debt of the ex as part of the financial agreement. Yes it might be viewed as unfair, but that is what happens when you marry and have children and then divorce. You take those hits
 

Phil57

Well-known Member
How is that right. There are lot of manipulative people around so what is stopping them from wanting this and that but get someone else to pay for it and get in debt over it.

If they can wash their hands of that debt, then they should not be entitled to 50/50 of anything else.

What muppet comes up with these laws.
What's right got to do with it?;)
Not me!!:facepalm:
 

Jenn

Well-known Member
How is that right. There are lot of manipulative people around so what is stopping them from wanting this and that but get someone else to pay for it and get in debt over it.

If they can wash their hands of that debt, then they should not be entitled to 50/50 of anything else.

What muppet comes up with these laws.
Well the issue is that when you take out a loan or credit card, you are the one choosing to do so. It doesn't matter if you did it only to keep your wife happy by redecorating the whole house, YOU chose to do it (by "you" I mean the person who did it) so the responsibility falls on you.

I don't know how divorces work but I have the impression (and I may be completely wrong) if he was the only one named on the house and he can prove his wife did not contribute in any significant way to their spending (if she worked!) then I think he might be able to get the bigger share out of it. If she didn't work then it's different.
By contributing to the spending it doesn't mean she paid directly half of the monthly mortgage payments. She could have used all her money for say their holidays but that would be seen as contributing to their spending.

Anyway apologies if the above comes out to be completely wrong.
 

Steven

Senior Moderator
I don't know how divorces work but I have the impression (and I may be completely wrong) if he was the only one named on the house and he can prove his wife did not contribute in any significant way to their spending (if she worked!) then I think he might be able to get the bigger share out of it. If she didn't work then it's different.
Probably, but the husband will not be able to realise his interest in the matrimonial home for another 15-odd years because of the young child
 
I feel sorry for your mate. I am so glad that I am not in that state. I did split from my other half recently but it is nothing like that.

If the debt is for an item, say a car or a house or some new chest implants. Then he could recovery them by proving that he owns them because he paid for them. He could also prove this via bank statements and so on. Things like the Tv, washer and so on. From that he would ask for them back. If he was told no then he could recover them via the courts. He could also set out the method of contact and also any other requirements that he wished.

Tell her to use public transport, drink tap water at parties and move back in with her mum. That should save him some money every month.

I would tell your mate that he needs to grow a pair and stand up for himself.
 

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