What happens to our debts when we split?

A debt stays with whoever signed for it. Separating, moving out, even divorcing does not change what the lender can do, because the lender's contract is with the person or people who agreed to it. Most of what follows is working out how that applies to each debt you have.

Three kinds of debt

In your name only. Yours. Your partner's name-only debts are theirs. Lenders cannot pursue a spouse or partner for a debt they did not sign, however the money was spent. Credit cards are usually sole-name, even if your partner had a second card.

Joint. A joint loan, overdraft, mortgage or credit agreement makes you each liable for all of it, not half. The lender can chase whichever of you is easier to find, and if your ex-partner stops paying, the arrears hit your credit record too. Tell the lender you have separated, ask to freeze a joint overdraft so it cannot grow, and keep paying the minimum on anything that would otherwise default.

Secured on the home. The mortgage is a joint debt with a house attached. Both of you owe it until it is paid off or one of you is released, which the lender will only agree to if the remaining person can afford it alone.

What a court can do

England and Wales. When dividing money on divorce or dissolution, the court takes debts into account. It can order one of you to pay a particular debt or adjust the asset split to reflect who is carrying what. The order binds you and your ex-partner, not the bank: if they default on a joint debt they were ordered to pay, you are still liable to the lender. Unmarried couples have no equivalent process.

Scotland. Debts incurred during the marriage up to the relevant date (usually when you stopped living together) are deducted from the matrimonial property before it is shared, normally equally. Cohabitants in Scotland can make a limited financial claim within a strict time limit after separation, so take advice quickly.

Debt you did not choose

Some people arrive at separation with debt they were pressured, deceived or frightened into taking on, or that was taken out in their name without their knowledge. The Domestic Abuse Act 2021 names economic abuse as a form of domestic abuse in England and Wales. That does not cancel the debt, but lenders, debt advisers and the courts now recognise the pattern, and many lenders have a process for it. Do not pay it off quietly to make it go away. Get a free debt adviser (Citizens Advice can point you to one) and tell them what happened.

If you are the one who ran up debt in a partner's name or on joint accounts without agreement, that is part of how you treated them. The Respect Phoneline (0808 8024 040) talks to people about this.

What this might mean for you

Make a list, this week, of every debt you know about: whose name, how much, what it is secured on. Get your free credit report so you see anything you did not know about. The member module Money, housing and the legal process walks through what tends to happen with money over the year after separation. If your partner controls the accounts, the free module Your phone, your money, your data starts there.

This is general information, not legal or debt advice. A free debt adviser and, where there is property or a pension, a family solicitor are the people to see. Where there is abuse: National Domestic Abuse Helpline 0808 2000 247, Men's Advice Line 0808 801 0327.