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Buachaill, Barrister
Category: Family Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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A couple have lived together for 11 ys. One 11 yr old child.

Customer Question

A couple have lived together for 11 ys. One 11 yr old child. Joint mortgage. He has £6k card debts and she has £33 (£30k card +£3 family car). Is he responsible for 1/2 or her debts? Could she get an IVA as a joint house owner?
Submitted: 1 year ago.
Category: Family Law
Expert:  Buachaill replied 1 year ago.

1. Dear Rodger, in the situation you have outlined, the man is not responsible for half the woman's debts, even if he is her partner. In law, each is viewed as a separate entity and so are treated separately so far as the law is concerned and so far as owing money is concerned. So, here the man will not have to pay half the woman's debts. Secondly, the woman can get an IVA if she wishes, even if she is a joint house owner. However, be aware that the creditors are likely to first ask her to use all her resources to discharge their debts, including the share in the house. It will only be if she cannot obtain further finance on her house that the creditors will be willing to take an IVA, as very often an IVA involves some debt forgiveness.

Expert:  Buachaill replied 1 year ago.

2. Please Accept or Rate the answer as unless you do so, your Expert will not receive payment for answering your question.

Customer: replied 1 year ago.
Most helpful.Many thanks; RE Flude
Expert:  Buachaill replied 1 year ago.

3. Dear Rodger, please Rate the answer with the buttons provided at the top of the page or else Accept the answer. It is not sufficient to merely write "Most helpful".