Nasty situation
Author
Discussion

pikey

Original Poster:

7,704 posts

301 months

Friday 23rd September 2011
quotequote all
Husband, wifey, 2 kids. Husband works, wife doesn't. Don't have much money, each month is a struggle. Wife been seeing someone else. Separation ongoing. Kids and husband in house.

She is intending to get a bank loan to rent a flat. She doesn't work. As a family they have very little surplus so the husband is concerned that he will be liable for her loan. At their (his) current income, it will take many years to clear the loan.

The question is will he be legally liable for her loan / can he do anything to head this off?

Unfortunately not much communication is ongoing so house / kids / details aren't taking much of a sensible course.


Ps. Other guy is a student & lives at home with parents.

skeeterm5

4,300 posts

205 months

Friday 23rd September 2011
quotequote all
If she takes a loan in her own name then he will not be liable, although as you describe I think she will have trouble getting a loan in the first place.

S

Eric Mc

124,084 posts

282 months

Friday 23rd September 2011
quotequote all
Loan to rent?

Who would lend on that basis?

mrmr96

13,736 posts

221 months

Friday 23rd September 2011
quotequote all
Eric Mc said:
Loan to rent?

Who would lend on that basis?
I presume that she'd not write that on the application form! The real question is who'd lend to a woman with no income? If she wants to rely on the husbands income then I'd presume it would need to be a joint loan and he'd need to sign something, so she couldn't get it without his permission.

Anyway, I think the OP is really asking whether a husband can be liable for his wife's debts just by vitue of them being married.

Eric Mc

124,084 posts

282 months

Friday 23rd September 2011
quotequote all
mrmr96 said:
Eric Mc said:
Loan to rent?

Who would lend on that basis?
I presume that she'd not write that on the application form! The real question is who'd lend to a woman with no income? If she wants to rely on the husbands income then I'd presume it would need to be a joint loan and he'd need to sign something, so she couldn't get it without his permission.

Anyway, I think the OP is really asking whether a husband can be liable for his wife's debts just by vitue of them being married.
That would be fraud then.

mrmr96

13,736 posts

221 months

Saturday 24th September 2011
quotequote all
Eric Mc said:
That would be fraud then.
Indeed. But we don't care about her or the bank. What bearing would such a fraudulent application have on the husbands liability (or not) for the debt?

pikey

Original Poster:

7,704 posts

301 months

Saturday 24th September 2011
quotequote all
Eric Mc said:
Loan to rent?

Who would lend on that basis?
I have no idea. Sounds mad..

pikey

Original Poster:

7,704 posts

301 months

Saturday 24th September 2011
quotequote all
mrmr96 said:
Anyway, I think the OP is really asking whether a husband can be liable for his wife's debts just by vitue of them being married.
Yes, that's the question