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Debt responsibility on divorce - bankrupt

  • Dandi_1
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24 Feb 13 #381076 by Dandi_1
Topic started by Dandi_1
Hi, I split with my husband over 2 years ago, and last year made myself bankrupt as I had so much debt in my sole name from our relationship, including the shortfall on our house (£30k) when that was repossessed (again the house was in my sole name but was a marital home).

In addition, he took out credit in my name without my knowledge which worsened our financial situation and ultimately led to the breakup. I did not take any legal action at the time out of loyalty to my husband, and as my overall debts were so great I included them in the bankrupcty (they were in my name anyway). But someone mentioned to me that I could have this noted in some way as part of the divorce. He does not have any assets of great value, but would a court consider granting regular payments to me, or recording a debt incase he comes into money in the future if I could prove that the debts were at least half his, and in some cases all his?

Thanks for any advice you can offer :)

  • LittleMrMike
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24 Feb 13 #381088 by LittleMrMike
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If your husband fraudulently attempted to shift responsibility for the debt on to you, then there is no reason at all why you should have to take responsibility for them.
But why then did you apparently acknowledge that the debts were your responsibility when you are now saying your husband forged documents to shift the responsibility away from him and on to you ? Doesn''t seem to make sense.
As for going to court - well, yes, but what is the point if your husband has no substantial income or assets against which you could make a claim ? If he''s broke, is not the whole thing an exercise in futility ?
LMM

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