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Am I Liable for My Partners Debt? vs Spouse’s Responsibility (UK)

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Scott
Scott Nelson Profile Picture

Scott Nelson

Managing Director

MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.

Learn more about Scott
&
Janine
Janine Marsh Profile Picture

Janine Marsh

Financial Expert

Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.

Learn more about Janine
· Feb 23rd, 2024
Could you legally write off some debt? Answer below to get started.

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For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

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Liability For Partners Debt

For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.

Are you worried about your partner’s debts? Do you wonder if you have to pay them? You’re in the right place to find answers. Each month, over 170,000 people visit our website to learn about debt solutions.

In this simple guide, we’ll cover:

  •  What it means to be liable for your partner’s debt.
  •  Steps to take if your partner has debt.
  •  How joint loans can impact you.
  •  Whether your partner’s debt can affect you.
  •  Advice on dealing with debt after a breakup.

Our team understands your fears. Some of us have been in the same place, worried about a partner’s debt. We’re here to help you find the right solutions.

Could you legally write off some debt?

There are several debt solutions in the UK, choosing the right one for you could write off some of your unaffordable debt, but the wrong one may be expensive and drawn out.

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

Do I Have to Pay My Partner’s Debt?

Your relationship with a person does not make you responsible for returning the borrowed money that they independently take.

Unless you’ve taken a joint loan of money, share a joint bank or credit card, you have no financial obligations to your partner’s debts.

Where joint loans are concerned, all the involved parties are equally responsible for paying the debt off. If your partner fails to return the money, you will be held accountable.

But since you aren’t responsible for paying off the complete debt alone, you can take the matter to the court of law, and ask your spouse to make their payment.

What is a Joint Credit Application?

Joint credit applications refer to any application made to get any form of credit facility, such as a credit card loan, or any other joint debt, that is to be shared by more than one person.

In joint credit, the assets and estates of both the involved parties are looked into for financial information. Similarly, both the persons involved are equally responsible for the approval or non-approval of shared credit applications or loans.

This means that if one person has a bad credit record due to a bad history with debts, they can get a joint loan approved due to the other person’s good credit rating.

Sometimes, however, one person’s bad credit might have a negative impact on the loan’s approval and might hinder the person with a better credit rating from obtaining joint credit.

However, you should know that as far as joint credit applications are concerned, you cannot apply for them from the very start.

The primary body applies for an independent credit facility, and then later on adds the other person as a co-signer to receive the facility on joint names.

After co-signing any credit facility, both bodies become equally responsible for any facility taken on their joint names, and their credit files also become co-scored. In other words, co-signing results in shared financial liabilities.

Before sharing debt in marriage, be pretty clear about your partner’s financial and spending habits.

Source: MSE Forum.

If your partner took a loan on their own, you’re not responsible for it, even if you choose to help them clear the debt.

How a debt solution could help

Some debt solutions can:

  1. Stop nasty calls from creditors
  2. Freeze interest and charges
  3. Reduce your monthly payments

A few debt solutions can even result in writing off some of your debt.

Here’s an example:


Situation

Monthly income £2,504
Monthly expenses £2,345
Total debt £32,049

Monthly debt repayments

Before £587
After £158

£429 reduction in monthly payments

If you want to learn what debt solutions are available to you, click the button below to get started.

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What Happens If You Marry Someone With Debt?

Even if you’re married to someone with debt, neither you nor your credit scores will be affected by their poor financial history.

However, if you look at the situation from another perspective, their bad credit scores will pose a few issues for you.

For instance, it might result in the non-approval of an important joint loan that you might want to take later. In this case, credit score influence on a partner is significant.

So long story short, marrying someone with poor credit history is not fundamentally awful – but it could have some consequences depending on what financial products you might be interested in taking out in the near future.

» TAKE ACTION NOW: Fill out the short debt form

Dealing with Debt After Separation

Any joint debts that you took with your partner stay co-signed even if you end up separating. This means that both parties share responsibility for these debts.

Therefore, if one party fails to make the payments, the creditor will ask the other party to cover the amount, making you liable for your ex-partner’s debts.

But there’s more; if your ex-spouse refuses to make their share of the payment, you can take your case to a court of law and demand an equal share from them.

If you think asking for half the payment from you is unfair to your monetary conditions, you can take this case up with the courts as well.

If you made credit agreements when you were together, they remain so in the eyes of the law even after you have separated.

Thousands have already tackled their debt

Every day our partners, The Debt Advice Service, help people find out whether they can lower their repayments and finally tackle or write off some of their debt.

Natasha

I’d recommend this firm to anyone struggling with debt – my mind has been put to rest, all is getting sorted.

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What Should I Do If My Partner is in Debt?

If your partner is in debt, their debt will not affect you.

However, you should still try to get them out of debt and help them get a good credit score. That way, you can ensure you do not suffer from their bad credit if you have to co-sign any credit facility.

Here are some practical ways of helping a partner with debt issues:

  1. Help them make a budget to manage their finances.
  2. Get them on track to make timely payments for the owed money owed via a debt management plan (DMP).
  3. Ask your partner to move their debts into one place to pay them off through debt consolidation.
  4. Help them arrange an individual voluntary agreement (IVA) which will see them pay off the debt in more affordable payments for six years.
  5. They may qualify for a debt relief order if the debt is less than £20,000. A DRO will allow them to write off the debt after a year, providing they keep to the terms and conditions of the order.

If your partner is still struggling with debts, ask them to seek impartial help from an independent debt charity like StepChange, MoneyHelper, or National Debtline.

FAQs – All You Should Know to Deal with Your Partner’s Debts

My credit history is better than my partner’s; should I help them?
The credit history of your partner does not affect your personal credit scores directly. However, it does affect the both of you when you’re applying for a joint loan, like a mortgage. So, yes, it’s necessary that you provide them with debt help so as to get them on track, and help them make a budget to improve their credit scores.
How does insurance help?
Your life insurance can be used by you to pay off your debts if you choose to utilise your death benefits earlier on. Another method is by selling your insurance to pay the debt off.
Does my debt affect my partner?
Any debt that you take independently does not affect your partner in any way. Even your credit score is independent from their credit score.
Can you be responsible for someone else’s debt?
You are lawfully never responsible for someone else’s debt. Whether it’s your parent, your partner, or any other person you’re associated with, they cannot hold you accountable for money that they borrowed. Similarly, no creditor can force you to pay debt for someone else that you are simply just related to.
Can I be held liable for my spouse’s debts?
Yes and no. You are only responsible for your spouse’s debts if the agreement or obligation is in both names. If you are a co-signer then you are liable.
Does my partner’s debts affect my credit score?
Your partner’s debts do not affect your credit score in any way. Unless you are borrowing money through a joint account – which is as much your responsibility as theirs – their personal debts cannot affect your personal credit score.
Is it a bad idea to open a joint account?
This is relative to every person’s situation, so it’s not always a bad idea to open joint accounts. However, it is recommended that you do not do so in case one of the people involved has a bad credit history. Opening a joint account would also co-score the credit, which will affect the person with the better credit score negatively as well.    
How can I protect myself from my husband’s debt?
You can protect yourself from your husband’s debts by having a separate bank account which limits your vulnerability to their debt.
Is it a good idea to go in business with your spouse?
This depends on the relationship that the two people share, and their circumstances. Of course, if you start a business with your spouse and are able to work passionately with mutual trust, your success can be unmatched. But then you might not be able to separate your work lives from your personal lives, which will eventually become a struggle for the both of you. So, the answer to this question really lies in how much you are willing to work things out with your spouse in this regard.
Could you legally write off some debt?

Answer below to get started.

How much debt do you have?

This isn’t a full fact find. MoneyNerd doesn’t give advice. We work with The Debt Advice Service who provide information about your options.

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The authors
Scott Nelson Profile Picture
Author
MoneyNerd’s founder, Scott Nelson, has a decade of financial industry experience, including 6 years in FCA regulated loan and credit card companies. Troubled by a lack of conscience in the industry, he founded MoneyNerd to give genuine advice to those in debt and struggling financially.
Janine Marsh Profile Picture
Debt Expert
Janine Marsh is an award-winning presenter and a valuable member of the MoneyNerd team. With a wealth of experience as a financial expert, she's been featured on BBC Radio 4, BBC Local Radio, and BBC Five Live, and is a regular on Co-op Radio.