The basic rule
Whose name is on the agreement decides who’s liable:
- A debt in your sole name — only you are liable.
- A debt in your partner’s sole name — only they are liable. You are not, even if you’re married, in a civil partnership or living together.
- A joint debt — you’re both liable, and under “joint and several liability” each of you can be chased for the whole amount.
Being a couple does not merge your debts. Marriage doesn’t make you responsible for your spouse’s individual credit cards, loans or overdrafts.
Where you’re jointly liable
“Joint and several liability” means each person is responsible for the whole debt, not just their share — so if one can’t or won’t pay, the other has to cover it all. It applies to:
| Debt | Who’s liable |
|---|
| Joint bank account / overdraft | Both — for the full overdraft, whoever spent it. |
| Joint loan or joint mortgage | Both — each for the whole amount. |
| Joint tenancy (rent) | All tenants named — each for the full rent and arrears. |
| Council tax (couple living together) | Both — jointly and severally, even if only one name is on the bill (married, civil partners or cohabiting). |
| Guarantor / a debt you co-signed | You — you agreed to be responsible if they don’t pay. |
A “joint and several” debt is the trap people miss: a creditor can pursue the partner who’s easiest to collect from for the entire balance, then it’s up to that person to recover a share from the other.
If a collector chases you
- Check whose name the debt is in. If it’s solely your partner’s and not a joint debt, you’re not liable.
- Don’t pay or admit a debt that isn’t yours. Tell the collector in writing that the debt is not in your name and you’re not liable — making a payment could imply you accept it.
- For joint debts, deal with them together where you can, and get free advice on a fair split or a payment plan — don’t let the whole thing land on the one who answers the phone.
- Separating? Joint debts don’t automatically split on divorce — the creditor can still pursue either of you. Sort out joint accounts and the liability as part of the financial settlement (see our divorce guide).
Coerced or “hidden” debt is financial abuse
If a partner pressured or tricked you into taking out credit, or ran up debt in your name without consent, that’s economic abuse. You may be able to dispute the debt — get confidential help from the National Domestic Abuse Helpline 0808 2000 247 and a free debt adviser before agreeing to anything.
Do this now
- Confirm whose name each debt is in — sole or joint.
- For anything that isn’t yours, reply in writing that you’re not liable — don’t pay it.
- For joint debts, call free advice — National Debtline 0808 808 4000 or StepChange 0800 138 1111.
Free help: National Debtline 0808 808 4000 · StepChange 0800 138 1111 · Citizens Advice 0800 144 8848 · National Domestic Abuse Helpline 0808 2000 247. This is general information, not legal advice.
Source verification
Primary sources: Citizens Advice (check if you have to pay a debt; council tax liability), StepChange (joint debts) and National Debtline. Last verified 20 June 2026. Confidence: High — you’re liable for debts in your own name and joint debts but not a partner’s sole-name debt (marriage doesn’t change this); joint accounts, joint loans, joint tenancies and council tax for a cohabiting/married couple carry joint and several liability (each liable for the whole, even if one name is on the council tax bill). Coerced debt may be disputable as economic abuse. SortedUK is independent — not a government service or a law firm, and this is general information, not legal advice. England & Wales focus; Scotland and NI broadly similar with some differences.
Joint debts — common questions
My husband has credit card debt in his name — can they take it from me?
No. A credit card in his sole name is his liability alone. They can’t pursue you or take from your sole accounts for it. They could only reach a jointly-held asset in limited circumstances with a court order against him.
We split up — am I still liable for the joint loan?
Yes, until it’s repaid or formally removed. Joint and several liability continues after you separate, so the lender can still chase either of you. Address joint debts in your financial settlement and get advice.
Only my name is on the council tax — is my partner liable too?
If you live together as a couple, yes — you’re jointly and severally liable regardless of whose name is on the bill, so both can be pursued for the whole amount.
Am I liable for my late partner's debts?
Sole debts are paid from their estate, not by you personally — unless the debt was joint or you were a guarantor. Don’t feel pressured to pay a deceased person’s sole debts from your own money; get advice.
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