Who is responsible for the debts incurred during the marriage?

13 January 2025

If the debt was taken out in joint names then you will both be equally liable.

If it was taken out in one person’s name then it will be their personal debt unless it was incurred to pay for things that are for the benefit of the family, for example a loft conversion on the matrimonial home or a family holiday. If it is for the benefit of the family the liability for that debt will be shared. Paperwork is going to be very helpful to support this.

Situations however are often not as straightforward as that and quite often debts are consolidated and so you have to unpick the debts to work out what is matrimonial and what is personal debt. That’s where a legal adviser can be helpful to give advice.

It’s also not possible to argue that by paying more of the household expenses each month you have not been able to pay off your own debts and therefore those debts should be shared.

Disputing debts can be costly so if you are unclear about debts incurred during the marriage, then please contact me.