Jointly Liable but non payment, can court action be taken?

J

Jenam

Registered User
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Hi,

I have a loan which is unsecured and my ex partner has just decided that he's no longer paying it. I've been to solicitors and read through threads which suggest I need to pay the full amount to protect my credit rating. My question really is can I take him to court at a later date for half of the loan payment? He can afford it as he has a good job and he has a new property in positive equity with someone else (god knows why the mortgage company have given him another mortgage when he's still on my current mortgage as well as our joint loan). I really just want some payments towards it as it's not fair that I take it all, he walks away with nothing and now gets another property too when ours is in negative equity and I can't afford to sell. I know the loan company isn't interested about what is fair or not but I just wondered if there is anything I can do as I'm not really getting where down the other routes of trying to make contact.

We are going through a divorce and it's not completed yet but I know that the loan is separate from this process.

Much appreciated
 
Assuming that the loan is in joint names you are both jointly and severally liable for the debt. You can approach this in 2 ways.
1. You can continue to pay off the loan. As your ex-husband is also liable and is refusing to make any contributions towards the loan, you do have a legal case against him. The loan should not be excluded from the divorce settlement as I assume it was taken out during your marraige and is in both names. have you addressed the issue with your solicitor?
2. You can stop making the payments to the Bank. Contact the Bank and explain your circumstances and agree to pay a portion of the repayments. Legally the Bank can take action against both of you and while this does result in a risk, it may be the better option to get your ex to contribute to the repayments.
 
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