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unknown debt

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22 Oct 07 #5104 by Blah
Topic started by Blah
Apparently I have been informed that we have run up a large amount of debt.

This is on credit cards which I have been using without knowing the full debt which we are in as I never got to see the statements or my EX2B's spending. I only ever used the cards for house hold expenses i.e. food, kids clothes etc. The credit cards are joint.

I run my current account in credit and spent from there when I wanted anything.

I am unsure how this debt is going to be split as I am sure the money that would have been for paying off these cards has been spent or put elsewhere.

I certainly haven't seen it, can you give me any idea as to how to deal with this ?

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22 Oct 07 #5109 by tiesys
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Get a good solicitor is my advice. I have been told that these joint debts are just that, joint marital debts, just as you would have joint marital assetts.

I believe you have to look at it from a number of different aspects. Legally, debt that is in your name only, is your debt; if the debt is in both names then your are legally, individually and separatly liable.

However, if the debts were incurred during the marriage, then all your assetts goe in the "pot", along with all the liabilities and then you take one from the other and if you have anything left, the normal starting point for division is a 50: 50 split.

Of course, there are variables on all of this (lenght of marriage etc),, but if you can't show that you shouldn't be responsible I guess the "normal" rules apply.

If you can get copies of statements (ask solicitr to request them from ex), then you may have a case to argue.

I am sure other people on here can give you a more definitive answer, but hope that helps.

Mike

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