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chrali | Can my wifes creditors make me responsible for her debts and take money from my house in my name only? |
We both owe money, but my wife has no job due to long term ill health and is not on my mortgage. She has never financially contributed. I use a debt management company and wondered if her creditors could force me to pay debts incurred in her name and if so whether they could legally attatch that debt to my property. |
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Sam B
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It depends entirely on the laws in your state. In my state, yes, a spouse can be held liable for all the other spouse's debts, regardless of who incurred the debt. That means they can go after the other spouse's assets, including property. Check with a lawyer in you state and ask the best course of action to take in your situation. |
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loreleilee23
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I really wouldn't think they can but please refer to National Debtline, they are truly excellent with their advice, I speak from previous experience!
http://www.nationaldebtline.co.uk/
Freephone 0808 808 4000 |
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jamesanderson22
 |
Best advice is to call a lawyer, who deals with these types of issues. Use your phone directory for lawyer referrals.
Use your search engines for more information.
Best of Luck !!!! |
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old know all
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No. They would have to prove that your wife's debts were actually incurred by you or jointly, or that the house was transferred to your name to escape her creditors. |
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Capt Jack
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If she signed the agreement since you divorced, probably not.
There was a case of a recently divorced woman being persued for her husbands debts. The law is such so that a married couple can't pull a sham divorce in order to put all the assets in one name and debts in the other.
See this article:
http://business.timesonline.co.uk/tol/business/law/article2866172.ece |
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des
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your best thing to do and its free is ring the citizens advice and book an appointment with the debt advisor
what your asking is a very complicated matter and no one on here can possibly no the right answer to give you
goodluck my friend. |
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rosiedobie
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each individual is responsible for his/her own debts unless.......It can be proved that they were jointly accrued, ie amenities suppliers would be jointly accrued because you would both have used gas, elec etc. Loans & bank accounts in joint names would make you both reponsible... |
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Johnny
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I assume you are in England or Wales.
In theory a creditor may be able to prove your wife has a beneficial interest in your property - on the same grounds as if you were divorced. You may have read about a recent court case where a bankruptcy case was held to over rule a divorce case.
They could go to court and persuade a judge to grant a charging order on your property.
In practice it isn't likely, |
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Glenda B
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I don't think they can, as long as your name isn't on her debts.
Check with your state laws, but, they sure will try. Good luck. |
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Adze
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Put a declaration in the News Paper stating you are not
responsible for any debts incurred by her from a certain date. |
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