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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5049
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Can my wife be pursued debts? Having remarried my wife and I

Customer Question

Can my wife be pursued for my debts?
Having remarried my wife and I have kept our financial affairs completely separate.
There are no joint accounts, no assists held in common, no transfer of funds or property between us (I have paid when possible small amounts of housekeeping)
My debts occurred over twenty five years ago (long before we married) when I was in business. About six months ago business failed and payments of interest were unable to be met.
Submitted: 5 months ago.
Category: Australia Law
Expert:  Daniel replied 5 months ago.

Hello
If the debts are in your name, your liable, not your wife.
Having said that, if in time you purchase property in both names, a car, home etc, then a creditor can chase that asset, although the claim is limited as it is jointly owned.

That is the only real remote way they can chase you and have your wife subject to same.

If you just have your financial affairs separate, no jointly owned items (on record anyway) then there should be no issue.

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