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Debts

Even without marrying or forming a civil partnership we tie ourselves to the fortunes of our partners in many ways over time. For example, if your partner cannot pay his/her share of the joint mortgage or rent, then that responsibility falls to you. But whether you are married, in a civil partnership, or not, you are not responsible for the debts your partner incurs in his/her separate name.

Always take advice early if there are any debts, whether from a Citizens Advice Bureau or a debt counselling agency, or in some circumstances from an insolvency practitioner (someone qualified to handle formal insolvency procedures). Or alternatively, contact National Debtline (free phone 0808 808 4000).

 

Not married or not civil partnered

Separate bank accounts

If you have separate accounts, liability for any debt or outstanding loans rests solely with the person named on the account.

Joint bank accounts

Things may become more difficult if you are not married or not civil partnered. To close a joint account (just as with opening the account), banks require the consent of both parties. If the account is not officially closed by both parties this could mean that one of you could run up an overdraft and leave the other responsible for it.

Credit Card / Personal Loan

You are liable if a credit card is in your name, even if your partner is a 'named user'. If the card is held jointly, then you are both liable.

If you take out a loan agreement with your partner, you are both responsible for repaying the borrowed amount.

 

Married or civil partnered

If your partner has debts in his/her separate name, you are not responsible for them. Debts and overdrafts relating to a joint bank account will be the responsibility of both or either partner individually.

 

   
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Married or not is part of LivingTogether - a campaign led by Advicenow.org.uk to inform cohabiting couples of their legal rights. The Nuffield Foundation and the Department for Constitutional Affairs supported One Plus One's development of material for Married or Not. The legal information on this site was checked by Sarah Forster.

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Disclaimer: This website is intended to offer general non-specific guidance in outline form. Those accessing it should not rely solely on the information or advice it contains.