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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I separated from my husband in February this year, having

Customer Question

I separated from my husband in February this year, having had separate bedrooms since Christmas - my choice, and have moved into my own place supporting myself. We were together for 20 years, married since 1999. I work full time. We have no children together.
We do, however, have a joint loan of just under £8k which with repayments of £430 per month is likely to be finished with in just over a year (the only financial thing left). The problem is that he is a functioning alcoholic.
We asked the bank at the time of our split if we could pay two direct debits to the bank but they refused. I therefore send half the repayment each month to my husband who has the direct debit. His drinking has now escalated and I am worried that he will stop making the loan repayments if he loses his job, which is highly likely given he is turning up late if at all. He works for a charity so they are being extremely kind.
What should I do?
Submitted: 4 months ago.
Category: Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

May I ask why you do not take over the payments and let him give you the money?

Customer: replied 4 months ago.
The problem would remain the same, if he loses his job I would then have the whole debt, which I cannot repay on my own on my salary.
Expert:  Clare replied 4 months ago.

What other assets does he have?

Customer: replied 4 months ago.
None...this the problem..neither of us have assets, we both rent...i really just need to know whether legal separation is the only way forward...
Expert:  Clare replied 4 months ago.

How much is actually outstanding (if you do not know fine)

Customer: replied 4 months ago.
I actually did state this in my original question. £8k.
Expert:  Clare replied 4 months ago.

Sorry I assumed that was the amount borrowed - not the amount outstanding?

Customer: replied 4 months ago.
Sorry, is that it? I think I would like a refund.
Expert:  Clare replied 4 months ago.

I have not yet answered the question.

You have referred to a payment of £430 a month paying off the debt in a year.

This suggests that there is much less than £8,000 is outstanding

However to an extent that is irrelevant

The debt is a joint and several debt and if your ex cannot pay for any reason then you will have to pay it in full and there is no way around that I am afraid

In fact it is not up to the bank how it is paid - one direct debit two or more.

So long as the payment is received each month then that is all that is required.

With that in mind I would suggest that you start making your payments direct to the bank so that they do not go astray

If he stops paying then you will have to renegotiate payments with the bank.

Whether or not you are legally separated or divorced or simply living apart the position is the same no matter what.

Please ask if you need further details

Customer: replied 4 months ago.
Thank you.
Expert:  Clare replied 4 months ago.

You are welcome - I hope all goes well

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