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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34471
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am South African, and live in England. I incurred debt before

Customer Question

I am South African, and live in England. I incurred debt before I married my British husband. I didn't know about this debt until now. Will he be held liable for it in any way? We don't have a joint morgage or anything. It is all in his name. We got married here, under English law, however, South African laws state that they can claim assets of your spouse if you are married in community of goods. Would this SA law apply to him?
I signed surety for a property in 2007, and had no idea it all went wrong untill relatively recently. My husband and I got married in 2010 so I'm hoping that what I did before him does not affect him?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question, I shall do my best to assist you.
Provided your husband has no assets in South Africa then none of his assets here in the UK are at risk as the debt cannot be enforced against him here
I hope that this is of assistance to you - please ask if you need further clarification
Claire
Customer: replied 2 years ago.

Hello,

Following the situation regarding the debt I might find myself in, my husband has been offered a job in South Africa which we are thinking of taking. I am still afraid that the South African law might hold him accountable for debt I incurred I did before we got married. We don't own any assets in South Africa but his salary will be paid there. Is there anything I can do to protect him from this?

Regards

Adriaana

Expert:  Clare replied 2 years ago.
Hi
I am afraid that that is a question you will need to ask separately within the South African Law section
Clare