Divorce and splitting debts

[Fringer]

My husband and I have recently separated and I have bought him out of our house. 

The house is now legally mine and he has moved out 

 

My question is we have some debts, some in my name, more in his and none in joint names. He is expecting us to pay half each towards the joint amount of debt as we were together when the debts were incurred but if we divorce will this be right or will we be responsible for our own debts?

And will I need a solicitor for this or can I apply for a divorce myself? 

[nx1977]

You won't need a solicitorfor the divorce, but will need to prove financials sorted to get the absolute. 

 

Debts accrued during the marriage are joint liability. 

 

I would suggest a solicitor, but less expensive if you can reach agreement 

[Fringer]

Thanks 

[dx100uk]

sorry but that advice is not strictly true.

 

debts in your own name can only be legally pursued by the original creditor (or a DCA if the debt has been sold) against the person that signed the credit agreement or took out the debt.

 

now if someone with a credit card say, paid for a family holiday, then thats open to negotiations, but if someone say bought a motor bike or used the funds to gabble for themselves , that is of no financial benefit of the family 

[nx1977]

@dx100ukno one is disputing liability should a debt default.  It does get murky until the divorce is applied for as one half could continue to accrue new debts at any point until a financial order is in place which a court *may* consider jointly.

 

However, in a divorce, all assets and debts are considered joint regardless of who's name is on any paperwork.  Even assets before the marriage, sale of property to fund married property), pensions accrued before marraiage are consider joint once married until the order is granted. If you've bought anything new, gained money from inheritance or a lottery win that's joint until the FO as well 

 

As an example, my ex paid for any servicing of the family car on her credit card.  The car was financed in my name, but again considered to be joint.

 

For several years now you need to have an agreed Financial order and have been through mediation otherwise an absolute will not be granted. 

 

The staring point is 50/50, however if agreement isn't reached and the courts have to make the decision, then the outcome is decided on children (ages, custody etc) and ensuring both parties come out on an equal footing to carry on (higher earner v lower earner as another example).  Most end in 70/30 outcomes apparently.

 

Been there, spent a fortune on legal and court costs, have what's left of my share of the Tshirt. 

 

Advice to @Fringer, get proper legal advice ASAP.  Most firms will give 30-60 minutes initial advice for free.  Be honest, listen and take notes.  Most will give you some info to take away as well.  Mine certainly did which is why I picked them.