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i have been seperated for the last 4 years, my estranged husband

Resolved Question:

i have been seperated for the last 4 years, my estranged husband has just bought a house with his new partner and taken out a huge loan, if they default would this come back at me to pay as we are still married we have 2 children together. thank you Heidi
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi Heidi,

 

Thanks for your question.

 

If there are no matrimonial assets of your marriage to him and the loan is not taken out in your name then your are protected. In the event of default on the loan the creditor would only be able to seek to enforce the debt against your husband's assets not yours because the liabilty under the loan is personal and does not transfer to you by virtue of your marriage.

 

The situation would be more complicated if there was a larger matrimonial asset base over which you would negotiate a financia settlement or, for example, you were both named as registered proprietors of a property you bought together.

 

In these circumstances though you are not very exposed.

 

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, Lawyer
Category: UK Law
Satisfied Customers: 6042
Experience: BA (Hons), PgDip, Practising Solicitor
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