Document Actions
My husband left the marital home four months ago and has not paid a penny since. He is also not paying his debts and he is getting a lot of letters from debt collectors. Can he be forced to pay and can they come after the house?
My husband left the marital home four months ago. We have a joint mortgage and he has not paid a penny since leaving. Can he be forced to pay? He also has a lot of debts which he has said he will not pay. A lot of letters are coming for him from debt collectors. He has not given them a new address obviously. What shall I do with them as I have no forwarding address except his work address? Can the debt collectors come after the house?
If the mortgage is in joint names then you and he are jointly and severally liable for the repayments. This means if one is unable to pay or does not pay the lender will look to the other to make up the shortfall. You should be aware that if arrears of over two months accrue mortgage lenders are entitled to take steps with regards to the monies owed, these can include repossession proceedings. If the property is repossessed this can affect your future credit rating.
It is difficult without knowing the type of debts incurred to advise whether or not your husband's creditors can seek an Order against the house. If the loans are secured on the property they will be able to. Ultimately it is possible for a creditor with a County Court Judgement (CCJ) to seek a charging Order against a property.
For detailed debt advice you may find it helpful to make an appointment with the Citizens Advice Bureau (CAB) or a civil litigation Solicitor who will be able to explain the implications further.
It is probably worth checking with your husband's employers whether they will forward his post to him and letting the creditors know what you have done.
We cannot offer specific advice on your personal circumstances so we would recommend that you seek independent legal advice.
Law Answers can refer you to family lawyers who provide fixed price legal services and can act for you in order to reach the best financial settlement. Costs vary according to whether you and your ex-partner agree or disagree and on the extent of the assets.
Please reply to this email if you would like a fixed fee quotation and a free, no obligation telephone call to discuss this further.
We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance.
It would also be a good idea to bookmark http://www.lawanswers.co.uk in case you need free advice on any other legal question.
Please come back to us if you have any other legal matter we can assist with in future.
Important! Ask your own free questions... Questions are answered accurately at the time they are posted but the law can change or your circumstances may differ in an important but not obvious way from those mentioned. For fast, free and up-to-date personal legal advice direct to your inbox about your own individual case ask Law Answers your own free legal question.
