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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 832
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am separated from my wife.Am i responsible, ie would have

Customer Question

I am separated from my wife.Am i responsible, ie would have to pay off , her debts?If she was to die would I be responsible?
Would i be responsible if we divorced?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are the debts in your wifes sole name?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes,
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me - if you wife were to die then you would not be responsible for any debts that are in her sole name. Your wifes debts would be paid from her estate if there was sufficient funds.
In respect of divorce - please can you confirm are there any matrimonial assets? including pensions?
How long were you married? any children under 18?
Were the debts in your wifes sole name accrued by her alone?
Kind Regards
Caroline
Customer: replied 1 year ago.
One child under 18. My wife got money after her grandmother and moved out of our home 3 years ago. We have been married almost 20 years.Not sure how much of her original money is left because of illness she was.
Customer: replied 1 year ago.
Not working
Customer: replied 1 year ago.
No pension fund but I will be inheriting money soon from my late grandfather's estate.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
Can I ask is divorce contemplated?
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Also - are there any other matrimonial assets? house?
Customer: replied 1 year ago.
We both rent but my family help to keep a car on the road.Until recently all I wanted was to get the family back togetherbut my wife's illness is worse and I have been forced to ask about divorce.It was never what I wanted. Considering this step is v new.We have Savings for my daughter into which my father has paid regularly almost since her birth but no other assets until my grandfather's will get s probate. ThenI may have a few thousand pounds but not many.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am so sorry to hear this.
If you were to divorce given that there is no matrimonial home and no assets then it would be best for you to argue that a clean break should be agreed. This is when you agree to not make a claim against each other in respect of the matrimonial finances.
In reality your wife might argue that your inheritance is a a matrimonial assets and she might try and make a claim against this money. You should argue that this money was inherited after separation and should not be included. A family court Judge has a wide discretion in respect of such arguments. In reality if your wife has previously kept her own inheritance it would seem fair to have a clean break. The court would consider such a case on the basis of each parties needs.
In respect of debts accrued by your wife, (even though they are in her sole name and you cannot be pursued by her creditors for the same), you had had the benefit of - say such as a credit card debt used to pay a holiday then you could share responsibility and you wife could ask that during matrimonial financial proceedings that they are a matrimonial debt for which you should be liable ie by paying some money to her.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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Customer: replied 1 year ago.
My wife never actually told me how much she inherited but my reason for not wanting to be responsible for the debts she might now have is because anything I get is for my daughter and I do not always agree with my wife's choices for her.I would like to have the choice of how my daughter uses this money. Not on frivolous things but maybe towards an education that she could otherwise not have. Thanks for the advice. Divorce has always been a no no until now and so this info will give me some useful facts to think about.
Aidi.
Expert:  ukfamilysolicitor replied 1 year ago.
Dear Aidi
Thank you for your response and you positive feedback.
If you did not benefit from the debts in your wifes sole name then it is going to be difficult for her to argue that the debts are matrimonial debts.
It would seem somewhat unfair if your wife wanted to keep her inheritance for herself but the seek a share of yours. Best to propose a clean break.
Please do not hesitate to ask if I can assist you further.
Kindest Regards
Caroline

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