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    ELF89's Avatar
    ELF89 Posts: 1, Reputation: 1
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    #1

    Jun 3, 2009, 12:54 PM
    Joint Loan - Who Pays?
    My husband and I took out a joint loan in 2000. We have been separated since 2001. I wish to divorce him though am unable to trace him officially. The bank are chasing me regarding the joint loan for £1000, which has now increased to £2000. As the bank claim they are unable to trace him, they expect me to pay it in full. Can they not trace him by advertisement or walls of court? What is he situation with repayment?
    Thanks.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jun 3, 2009, 01:14 PM

    You signed the loan with him, they don't have to trace him, they have you.

    Simple enough.


    Tick
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jun 3, 2009, 01:33 PM

    Generally, a loan document does not split responsibility for payment. Both parties are considered jointly and spearately responsible. If they can't find him, they can go after you for the full amount and you are legally obligated to pay it.

    If you divorced him, you could have it stipulated in the divorce agreement that he is responsible for the loan. However, he would have to agree with that.

    You might also be able to file suit against him to payt his share. But that means finding him first.
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