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Debt and HIS bills

  • April Baby
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23 Sep 08 #50683 by April Baby
Topic started by April Baby
Just read an interesting post re: debt which got me to thinking.

If my ex has run up debts on credit cards and loans during the marriage (and some during our separation) and I'd say 90% to his benefit, am I going to be liable for half this lot?

I've kept my nose relatively clean compared to him, so I wonder if they are going to take pity on him to give him a clear start and I'll end up paying through a back door decision to give him more equity from the house sale.

Need some reassurance, if anyone in the know can help. I've asked for a Clean Break and to assume own debts on form E.

Help!

  • mike62
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23 Sep 08 #50688 by mike62
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April Baby,

Personal Debt is just that - the responsibility of the debtor.

Unless he can show that his 'personal' debt benfitted the marriage as a whole (e.g Holidays, DIY needs, Food shopping etc etc etc ), it is his problem to deal with.

Marital debts are netted off marital assets to form the marital pot for division.

he will have to settle his personal debt from his share of the marital pot.

Mike

  • Kevin01
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23 Sep 08 #50693 by Kevin01
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How does the person with the debt prove it was family related. My ex is trying to offload HER £23000 on the basis that it is family related but she never even spent the child benefit on the family let alone her credit cards.
Unless she can prove it was family related will it be rejected?

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23 Sep 08 #50697 by mike62
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Kevin,
As I understand it, the onus is on her to prove that HER debt is actually joint debt, and that would have to be supported by receipts and statements.
Mike

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23 Sep 08 #50699 by Kevin01
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Given that she shreds all her credit card statements do I assume that her claim will be thrown out?

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23 Sep 08 #50701 by mike62
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I believe the expression is 'batting on a sticky wicket' ;)

  • April Baby
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23 Sep 08 #50707 by April Baby
Reply from April Baby
I would think if they can't prove it then the onus is then bounced back to them to assume liability. Prove it or lose it.
At the end of the day I just want what is fair. I'm not looking to offload anything, just him to assume responsibility for what is his. I have with my debts and issues, bills etc. Don't see why I would have to pay for his habits and social life - something I was never party to.

I hope the judges realise these are peoples lives and not just a cattle market to feed through the system. Its very frightening. I get the impression, I'm just suppossed to do as Im told once I'm in court. Judges decision in final.

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