seperation & joint loans

Hi

Quick questions for you.
a couple who have been living together but arent married split up,
one is working the other is not. The one who is currently working is paying all the bills, will he still have to pay all the bills when they split up as they are in joint names or will he only have to pay his half and its up to her to pay her half.

It may be a quick question but there is no quick reply!

If the bills are in joint names, they have joint and several liability - each is responsible for the entirety of the debt. But if one is not working, how are they going to fund that liability? What are the bills? What bills are going to be terminated as a result of the split? What do each of the parties want to do? Are there any children? Is the situation covered by the new Cohabitation Act? Does either party intend to seek relief under that Act?

mf

Hi Apple.

Which bills are we talking about here? Could you be a bit more precise?

bills

hi guys

thanks for the replies so far.the bills are the usually mortgage in both names, credit union in both names, credit cards are in individual names but he is paying them too, bank overdraft in individual name but again he paying. he doesnt live in the house anymore and she pays what housebills like esb, food etc,she can from her dole but he still has to contribute to them and the same goes with the car he still pays insurance and tax if she cant. There are no kids thank god. They are in arrears with most loans as both were unemployed for nearly a year and luckly he managed to get a job and have come to an agreement with the lenders to pay an amount each month. But on one salary and the dole will never catch up with the arrears. They cant sell the house because of its location no one will buy it as there cheaper ones in the area for half the price due to banks owning them.
The new Cohabitation Actil not be used by either party
Hope this helps

Well, its a difficult one. It is essentially two unrelated people who have amassed serious joint debt. In theory, he does not have to pay any of her personal debts e.g. her credit card or her car bills. He can just stop.

It really comes down to what they both want/are able to do. Can she find work? Can they go to MABS?

mf

Thanks mf1

They both want to clear their loans and have a life but it wont be as a couple as they have tried to save the relationship but its not working, she cant get any job and doesnt like him paying all the bills, he works long hours to try and get some overtime and when he gets home they row. Not a nice life to lead at the moment. They rang MABS but were told that there is a waiting list.

He is only due to pay things that are in his name - so all the joint loans he will be liable for. She obviously should pay half but if she can't then they will come looking for the money from him. Stop paying anything else for her. She should move out and let him move back in and she could look for rent allowance. They might not give if the house is there but if he is living in it and they are split they might allow. Then rent out the house or sell it.