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Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.Sorry to hear of the issue. I will set out my written answer shortly.
The court's approach would be to ask whether a) your spouse was aware of the debt, b) whether he benefited from the loan monies in any way, c) whether the debt was obtained during the marriage or not and do) whether a share of the debt should be ordered or not. If you incurred the debt without your husband's knowledge, the court may decide that liability should be yours alone. Though there are a few factors the court will take in to account before it makes that decision. You can insist he shares liability either partly or fully if he was aware of the debt and if he benefitted from the money in any way. I am not sure if you are asking the court for a financial order on this issue yet. It would be recommended to attempt agreement with your husband regarding this issue, if possible. If not and you have evidence he benefited then you should apply to the court for a financial order so that the money side of things are also dealt with alongside the divorce.
For information on a financial order: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order
I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.
Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.
Thanks, ***** ***** have been aware of the debt in that case with the payments coming from the joint account. He would have to pay child maintenance by law. It would be understandable that you could not keep up with payments as a result so the court would take in to account that situation. I would expect the court to say he is liable for the debt, how much depends on the court's assessment of the circumstances as a whole.
If the debts are in his name then he is liable for those. But the court could make an order that you share liability for them if it sees fit. I don't think that would happen given the facts though.