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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I split up from my partner last year. I have kept the house.

Resolved Question:

I split up from my partner last year. I have kept the house. My ex partner run up debt that is secured against the house. Even though he has moved out, should he be paying towards the debts?
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Is the property in joint names?

 

Is the debt in joint names or that of your partner only?


Tom

Customer: replied 3 years ago.
The property is in joint names and the debt is in joint names.
Janet
Expert:  Thomas replied 3 years ago.

Hi Janet,

 

Thanks for your reply.

 

I'm afraid that the liability in these loans will be joint and several, which means that in the event of default the lender can take action against either or both of you for any arrears. I know this seems very unfair but it would have been disclosed in the pre-contract documentation provided to you before taking the loan.

 

It is the responsibility of both of you to see that the repayments are let because they can take action against both of you.


If there was an agreement that you would share equal repayment of the debt and he does not pay and he ignores your informal attempts to resolve the issue then you should instruct a solicitor to write a letter to her (cost £50 + vat approx) explaining the conseqences of enforcement action being taken - eg. country court judgement, their fees being added to the amounts owed, bad credit record, inability to raise credit in the future. If a person is at all interested in remianing solvent then this should be reasons enough for them to engage with you to see that the repayments are maintained.


Any agreement you had with your expartner does not affect the lenders ability to take action against both of you if you default I'm afraid.

 

You can find solicitors in your area by using the following site:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

I know this is probably not the answer you wished to receive and I'm sympathetic to you position.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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