Am I Liable for My Husband's Debts if We Are Separated?

Separating from a spouse can bring financial uncertainty, particularly when it comes to debts. You may be wondering whether you are liable for your ex-partner’s financial obligations and how joint accounts, credit agreements or mortgages could affect you after separation. Understanding your legal responsibilities is important to avoid unexpected financial burdens and protect your credit rating. This guide outlines how debt is handled after separation, what to do if you suspect fraud and how joint mortgages are affected when a relationship ends.

How debts are considered

If the debt is in your ex-partner's name, it should not affect your credit rating. Credit records are more about you than an address, which was the case some time ago. A credit reference agency will be aware of a past association with your ex but this should not affect your credit score. Each party’s debts are theirs alone.

If you are concerned about a joint bank account debt, it is important to understand that you are both liable for the debts incurred. That is to say, the bank could pursue both of you for all the money owed or just a percentage each, if they wish.

Do you believe your signature was forged on documentation? This is a matter for the police. Should you first seek to try and clear the debt and then pursue the matter with the police?  There appears to be a view that to do so can mean you accept responsibility for signing the documents. In these cases, it is important to seek legal advice urgently for clarification on your situation.

Can You Transfer Debt to Another Person?

If you remain on amicable terms with your former spouse, it may be easier to ask them to contact each lender and accept liability for the debts incurred. Otherwise, you may consider legal action. It is at the lender’s discretion to transfer debt into their name so that it no longer affects your credit rating.

If you took out a personal loan for your ex-partner who then spent it, rather than used it to pay off debt, it is doubtful that the police will assist you in the experience of our legal experts.

Is it Possible to Get Fraudulent Accounts Deleted from My Credit File?

Get a credit report and contact the report provider immediately concerning entries you have no knowledge of. They should then be able to contact each of the lenders involved confirming that you claim to be a victim of identity fraud because a third party has made a credit application without your authority and knowledge. When a credit report entry is investigated, a note is made on internal systems confirming it has been disputed.

If you believe fraud has taken place, you should contact Action Fraud, the national fraud and cyber crime reporting centre. You can also sign up to Cifas, and register for their protective registration service. This will place a warning flag against your name and personal details to indicate a risk of identity fraud. Any Cifas-registered lender will be alerted to this fact and undertake additional checks to verify any credit application is genuine.

What Happens to a Joint Mortgage When You Divorce or Separate?

A joint mortgage is a shared financial responsibility, meaning that both parties are liable for the full amount owed, regardless of who moves out. The property remains a matrimonial debt, and until a financial settlement is reached, both parties remain accountable for repayments. Many assume that leaving the property relieves them of responsibility, but this is not the case. Unless the mortgage is formally transferred into one name, the lender will pursue both individuals for any outstanding debt.

If neither party can afford to take on this significant debt alone, the property may need to be sold. In some cases, one person may remain in the property, either through remortgaging in their sole name or by reaching an agreement that allows them to stay while the other receives financial compensation.

During divorce or civil partnership dissolution proceedings, the court may become involved if an agreement cannot be reached. If children are involved, priority is often given to the primary caregiver remaining in the home for the benefit of the family. Otherwise, the court may decide the best course of action is to sell the property and split the equity.

What Happens if One Partner Stops Paying the Mortgage After Separation?

If one party stops paying but their name remains on the mortgage, the lender will pursue both individuals for outstanding payments should arrears accrue. Mortgage arrears will negatively impact both credit records, making it more difficult to secure future borrowing. If payments continue to be missed, repossession is a real possibility.

If your ex-partner refuses to contribute while still living in the property, legal advice is recommended. If they have moved out and left you to cover repayments alone, you may be able to seek financial compensation, particularly if they had previously committed to sharing the financial responsibility. Court proceedings may be necessary in cases where financial disclosure indicates an imbalance in individual debts accrued or the ability to pay.

For advice on how to manage joint mortgage liabilities, debt division after separation, or any other financial concerns related to your separation, speak to the family law solicitors at Clough & Willis. You can call us on 0800 083 0815 or fill out our online enquiry form to arrange a call back.