Am I Liable for My Ex Partner’s Debt?

Are you worried about paying your ex-partner’s debt? This is a common question, and you’re not alone in looking for answers. Each month, more than 170,000 people come to our website for advice on their debt problems.

In this article, we’ll share important information about:

• Understanding debt after a separation.
• The types of debt you might share with your ex-partner.
• The types of debt you won’t share.
• The steps you can take if your ex-partner owes you money.

Our team knows how stressful dealing with debt can be, as we have first-hand experience with debt issues and can help guide you through this difficult time. You can trust our advice as we offer understanding and practical solutions for your debt worries.

Let’s find out if you need to help pay off your ex-partner’s debt.

Am I liable for my ex-partner’s debt?

This can seem like a complex question. You’re probably used to paying half of everything, which might mean that you think you are liable for your ex-partner’s debt.

However, in reality, there are quite a few variables that determine whether or not you need to pay. 

For example, some types of debt come with joint liability. So, if you’ve signed up for a loan in both of your names or acted as a guarantor for your partner, chances are that you’re liable.

However, some types of debt are tied solely to one person. So, even if you were helping to pay it before, you might not need to when you separate. 

When you’re asking yourself, ‚ÄòAm I liable for my ex-partner’s debt?’, you should take into account the types of debt they have and whether or not it comes with joint liability.

What types of debt are shared? 

The term joint liability is a bit misleading. You might think it means you’re liable for half of the debt, which is fine.

However, in reality, it means that if the other person refuses to pay, you’re liable to repay the entire cost of the debt. 

There are a few different types of debt that come with joint liability. Many of these are associated with living together and being in a relationship, for example: 

• Mortgage and tenancy agreements that have both of your names on 
• Bank accounts and overdrafts set up jointly (joint account)
• Personal loans in both of your names (that are unsecured)
• Any bills that have both of your names on 
• Catalogue debt that was set up together 

It’s worth noting that some types of debt might come with liability, even if it was in your partner’s name. For example, council tax could come with joint liability if you’ve been living at your partner’s address for some time. 

What if we were married?

Another common mistake people make when asking, ‚ÄòAm I liable for my ex-partner’s debt?’ is thinking that marriage automatically means you are responsible for your partner’s debt.

Being married to someone doesn’t mean that any debt is jointly shared. 

That being said, if you’re going through a divorce, any assets and debts you have might be split between you.

Of course, there are chances that when you get married, you will take out joint credit, which can create a financial link on your credit file. So, if you share a bank account, mortgage, or loan, that link will show on your credit report.

Can I break the financial link?

Yes, you can break those links after you separate, which can help to keep your credit record healthy.

You can create what is known as a Notice of Disassociation, which lets credit agencies know that you’re no longer with your partner. However, when doing so, you’ll need to prove that there is no longer a financial link. 

Note that you have to contact all three major UK credit referencing agencies to have your ex partner de-linked from you credit file.

How can I resolve the situation?

If you have debts that you currently share with your ex-partner, it can be complicated to know what the best solution is. Thankfully, you have a few things you can do to try and resolve the situation: 

1. Speak with your ex 

The best resolution is always to come to an amicable agreement. An informal solution means that you can divide the debts and let creditors know who is taking responsibility for it.

One of you could also agree to set up a standing order, as the other one pays off the joint debt. 

2. Speak with creditors 

If your ex-partner isn’t playing ball, you might want to speak directly with your creditors over any jointly held debt.

If they cannot track down your partner, for example, you’ll be solely liable. However, if you explain the circumstances, creditors will usually be willing to accommodate your situation. 

It’s always best to get ahead of the situation here. You don’t want your debt to be passed to a collection agency, as they tend to be more forceful.

If you’re struggling with debt, contact Citizens Advice or StepChange for further guidance and advice. You can also read our debt options guide to see some potential solutions.