when we were together my husband and i took out an extra £30,000 on our mortgage to build an extension. while we were getting plans drawn up he transferred this money out of our joint account and into an account just in his own name( needless to say, without my knowledge) now we are separated i offered him the chance to keep this money as his share of the house. he has now told his solicitor that he no longer has this money as he has used it to pay off joint debts. i know nothing of these joint debts, i suspect they may be debts that he has run up on his credit cards through gambling, drinking, dodgy sites on internet etc. now he has left the house i am paying the mortgage on my own, this was originally only £30,000 but with the extra we took out it is now £60,000, so in effect i am actually paying for these debts through the mortgage and he has walked away from them. am i actually liable for his debts even though they were almost certainly caused by his own extravagances, and never benefitted me or the children?
From the point of view of the mortgage company - yes you are both liable for the debt as you signed for it together.
From the point of view of divorce law, you are jointly liable for all debts except in the case where one party disposes of funds (in this case 30,000) in a way which the court views as excessive, and benefiting only one party.
So it comes down to what he spent the money on. If it was all in gambling etc then the court will take that into account when sharing out marital assets.
So in sharing out the house you may get a greater share than you would have otherwise.
You mention nothing else to point towards how the house might be shared out (your income, his income, kids, who looks after kids etc).
But assuming no kids and same incomes, then normally you would typically see a 50:50 split, but in your case to make up for the wasted 30K you may see a 60:40 split for example (again no house equity value stated so figures are all indicative examples)
the house is worth about £120,000 so there would be £60,000 equity. he has 2 jobs, i'm not really sure what he earns but it is certainly quite a bit more than i earn. i have got both the children with me and he has no contact with them at all. he has also got a good pension, about 20 years, whereas i haven't got a pension.