Scottish law - are spouses liable for each other's personal debt? My friend...

[Smiley]

...has split with his wife and just found out she has thousands of pounds of debt he knew nothing about, not only that but she had been spirting money away from their joint savings account.

The discovery was all the more shocking as she has nothing to show for it and no-one can understand how/why she did this..

Problem is that she will not discuss it with him as to exactly how much etc meaning he is living with the uncertainty of not knowing how much is owed/why etc and she is not at all contrite.

Anyways, he is the one who has the kids living with him and he is a good bloke - works hard etc and he is just a wreck worrying about whether he will be held liable for her credit cards/loans etc and whether all this will mean he/the kids lose the house.. it is in his name only but they were married 8 years and the house was bought around the same time.

I know nothing about his area of law - any advice as to what can be done?

[dunrobin46]

He is only liable for joint debts or if he acted as guarantor.
Hopefully she did not use the house aaginst any loans.
She is responsible for her own debts.

Lesson for all of us for the future, NEVER, not ever, have a joint account.

[Wendy H]

Can you explain "joint and several liability" to me?

If you have taken out a credit agreement, loan or have a bank account in joint names (with another person) then you are both liable for the full amount of any debt.

This means that if you have a joint loan with a spouse or partner and one of you fails to repay the debt (this often happens following divorce or separation) then the lender could still ask you for payment of the full amount (not just half).

The lender cannot recover the money twice but can pursue both of you, or just one of you, for all amounts still outstanding until they have obtained full payment.

Joint and several liability can also apply to rent arrears on joint tenancies, arrears on joint mortgages, Council Tax payments and water charges on properties that have been jointly occupied.

I did not sign any agreement what can I do?

For an agreement to be joint and several then it must be signed by all parties (except for Council Tax). If a lender says you are jointly liable for a debt and you believe this is not the case, it may be worth asking for a copy of the original agreement. If you have not signed it then you are not liable.

In the settlement at divorce, both spouses are required to provide full information about their assets. If continuing maintenance has been ordered, the amount may be varied by the court if there has been a material change of circumstances, of which evidence would have to be provided by the applicant. The court has power to order either spouse to provide details of his or her resources.

The court may take account of any conduct which has adversely affected the financial resources relevant to the court’s decision on financial provision, or which it would be manifestly inequitable to ignore. This could therefore affect any continuing maintenancepayments ordered. There is also express power in section 18 of the Family Law (Scotland) Act 1985 for the court to counteract anytransaction having the effect of defeating financial claims on divorce.

There are no formal rules. The award is at the discretion of the court, taking account of the principles in the 1985 Act, but it will always be for a specified short period.
How far do debts affect the debtor’s liability to pay maintenance? Only if they amount to a material change of circumstances, and the court would be very reluctant to reduce payments if it thought that the debts had been deliberately incurred.

[Johnnybriggs]

He is only liable for debts in joint names. Her creditors could secure the debts on any property in joint names.

[inebriated codfish]

i know scottish civil law is seperate from the standard british law. its 2 years of seperation before divorce papers can be served correct? i'm irish and neither an expert on british law or scots durastiction or the judicary procedures but i reckon your mate is fuc'ked unless he claims bankruptcy. one thing i know about the scots from 1st hand experience is they can and will get blood from a stone, i dont mean the scots in general i mean anybody who pays enough money to get a sherrifs warrant.