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does husband inherit his new wife's debts

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zingara | 16:02 Sat 02nd Jul 2005 | Business & Finance
5 Answers

Hi

      would anyone know whether upon marriage if the woman has existing debts, would her new husband automatically inherit these debts and possibly become equally responsable for them?

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The only person liable for debts incurred under the Consumer Credit Act is the person who signed the agreement.
A husband is never liable for the debts of his wife, and as far as I can remember that has been the law since the the latter part of the 19th Century.
Husbands and wives may be responsible for debts incurred by the otherdepending on the nature of the debt. If both husband and wife have co-signed for the debt, both will be responsible for paying it. If husband and wife apply together for a chargecard and both sign the application form and promise to pay the bills, both will be responsible for paying off the balance, even if only one of them made the purchases and the other disapproved. Similarly, if a husband and wife co-sign a mortgage for a home, both of them are liable to the lender, even if one of them no longer lives in the home. A husband and wife also can be responsible for each other's debts, even if they have not co-signed, if the debt is considered a family expense. If the wife charged groceries at a local shop or took the couple's child privately to a doctor, the husband could be liable because these are expenses for the benefit of the family. On the other hand, if the wife runs up bills for a personal holiday or the husband buys expensive coins for his coin collection, the other spouse normally would not be liable unless he or she co-signed for the debt. Each spouse is not liable for debts the other spouse brought into the marriage. Such debts belong to the spouse who incurred them. However some debts incurred before marriage (say a child support debt) can be collected against marital property jointly owned in a new marriage.
I don't know the legal position of this situation, but whatever it is, its still money leaving the same household whoever pays it.

2nd and third answers contradict, can ANYONE say if the law exists and if still in force, not only for a new husband but for 1st, existing etc. according to friend DEF WAS law in around 1980's as her solicitor used it against her then soon to be ex's and they instantly caved. In my case the dispute is over joint signed for loan but he has the property it was spent on and I have taken more than this amount in debt away to pay for next 10 years, am i still also liable for the half balance of joint loan or can i reason in law (without solicitor i can't afford) they my voluntary share negates it?

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