New wife / old debtgreenspun.com : LUSENET : Repossession : One Thread
(Email address changed by The Home Repossession Page) My wife has been chased by a company acting on behalf of the Halifax for the recovery of #32K shortfall on a property reposesssed in 1995 from her and her former partner.
She left the property and her partner six months before he defaulted on the mortgage.
We were married last year, and because of her previous problems, got a mortgage in my name only, she is currently a housewife.
She has now received two letters from a debt chasing company, the first included a form to show her income and outgoings - ZERO, as well as her partner's - MINE!!! The second letter suggested that the shortfall settlement is still negotiable, implying that soon it won't be, she hasn't answered either, instead she has gone to the CAB who have advised her that my income will not be considered, and that she has no income and so could not pay anything at the moment.
Is this correct, or will I be liable for her previous debt?
Even though the mortgage is in my name only and she doesn't work, if we were to divorce, she could argue that she is entitled to a share in the house as she has looked after our children. Could this rational be used by the debt collection company?
Is there a time limit when they will stop pursuing her/us, it hasn't affected us having a joint (Gold) bank account and credit cards.
It would be nice to know roughly where we stand before we set the 'meter running' on solicitors and whatever else it is going to take.
-- stuart (firstname.lastname@example.org), July 03, 2000
No-one is permitted to 'assume' that you and your wife will divorce! It is her debt - I know it probably feels like it may as well be yours, because of the worry, but I'm beginning to wonder if the lenders don't actually like chasing women because of their assumption that their fathers, husbands, new partners etc will pay off their debts for them - especially whwre there are small children involved and the stresses become intolerable. I imagine (and *do* read this site carefully) that her income and assets are such that a small settlement will be possible. But you do *not* have to pay off your partner's debts! But this is what they want, of course. Good luck. E.
-- Eleanor Scott (email@example.com), July 13, 2000.
Sadly works both ways if they know the WIFE is the breadwinner and the husband cannot work-they go hard after the Wife-Attachment of Earnings the lot
-- charles twford (firstname.lastname@example.org), July 13, 2000.