Re:Previous Marital Debts

Scottish Law :

My fiance, is worried that the debts her previous violent husband built up by remortgaging the house (2 or 3 times, against her wishes), which is now in negative equity and also the the debts he massed with his failed business ventures, will come back to haunt us.

Newly unemployed, she wants to declare bankcrupty as she does not have the means to pay the debts.

Her concern is that when we marry in the summer, her share of the debts will become "Our" debts as a married couple.
Instead of her debts alone, she does not want to burden me with the debts of her previous marriage.

Our her concerns correct, or does it not work that way ?

I cannot declare bankcruptcy as I am self employed and would lose the business.

Welcome to Wikivorce.

When were the debts accrued? If they were built up after they separated, then they would be the responsibility of whoever built them up. Is there not enough assets to pay off the debts? Usually liabilities are deducted from the assets.

If it's determined that they are marital debts, then she would be responsible for half of them - unless she is able to prove that they are the result of her ex's irresponsible actions alone, and that she knew nothing about them.

Debts accrued prior to marriage would normally remain the responsibility of who's name they are in.

When you say *previous* violent husband do you mean they are already divorced, there are no outstanding financial issues between them and she was left with a property in negative equity and debts?

Rubytuesday,

The debts are in the Rep of Ireland, caused by her husband during marriage, he bullied her into remortgaging the house, in a bid to support his failed business. The house is in negative equity due to the remortgaging.

We are not aware of further debts, after they seperated, but we know he has not paid for mortgage for some time.

What worries my fiance is, She has recently become unemployed and wants to declare bankruptcy, when we marry in the summer (Assuming the simple divorce, is granted - Married in UK), is that my assests are taken into account as a married couple.

We then become joint reponsible for her share of the debts.

Fiona,

The divorce has been applied for via the simple divorce procedure, but awaiting for it to be granted. Married in the UK, but lived in Ireland.

The debts are in the Rep of Ireland, we are resident in Scotland, the outstanding financial issues are basically, her husband bullied her into remortgaging the house in an attempt to support his failed business. Which has left the house in negative equity.

As far as we are aware, he has not paid the mortgage for some time. She worried that we will become joint responsible for the previous debts, when we do marry.