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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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Myself and my wife are currently separated with legal proceedings

Customer Question

myself and my wife are currently separated with legal proceedings in place and we are not permitted to communicate, directly or indirectly.
She took out a loan and i cant afford to pay, with all the other outstanding money owed.
I rang the lending company and explained the situation to them, however since then they have loaned her more money.
My question is, because we are legally married still, will i be liable for this latest loan and are they permitted to loan money if she isn't earning an income.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Patrick H. replied 6 months ago.
Under Australian law there is no presumption that a person is responsible for the debts of their spouse. It would only be if you had borrowed the money jointly or signed a an agreement to guarantee your spouse's loan that you could be held liable for a loan taken out by your spouse.The only impact it may have is if it further diminishes any net worth of the combined marital asset pool but that would only affect you indirectly because it would decrease the amount available for distribution between you when and if you seek a property division.I trust the above assists your understanding.Good luck and PLEASE RATE MY ANSWER.Patrick

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