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Joint debts after separation — what stays with you

A divorce court order between you and your former partner doesn't bind third-party creditors. Both of you may still be fully liable.

Joint Debts & Divorce3 min readReviewed July 2026

For joint credit agreements (a joint loan, joint mortgage, joint credit card, joint bank overdraft), each party is 'jointly and severally' liable. That means the creditor can chase either of you for the whole balance, regardless of any private agreement between you.

A financial order made by the divorce court can require your ex to pay a debt — but if they don't, the creditor will still come after you. You'd then have to enforce the divorce order against them separately.

The cleanest solutions are to close joint accounts, transfer debts into one person's sole name (subject to the lender's agreement), or, if that isn't possible, plan around the assumption that you may become responsible for the whole balance.

Guidance, not personalised helpThis article is written to inform. It isn't personalised debt or legal advice — a Debt Compass adviser will discuss your options and eligibility with you before you choose a route.