QLD Am I Liable for Ex-Husband's Debt?

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jmcandrew

Member
19 October 2016
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0
1
Hi

As the (separated) spouse of my husband, am I liable for a debt he incurred when we were married as a Sole Director of his company? The debt is substantial and is Superannuation and PAYG related.

Thanks for any help with this question.
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
Is he deceased? Hopefully he has a will and the executor would try to appoint a new director, for which you would need a Grant of Probate/Letters of Administration so that they could act on behalf of the company.

I think the debts will come from the company and if there are no funds then the company put into liquidation or voluntary administration. Assets sold, etc. Would be wise to work with his accountant and solicitor.
 

jmcandrew

Member
19 October 2016
2
0
1
Thank you, SamanthaJay. My husband is not dead - we are separated, that is all. My understanding from looking online is that I am not liable for the debts as Sole Director of a company the debt would be limited to him because of the company structure.

I didn't sign for any loan - on fact it is a debt to the tax office. And I was never a director of the company. Just trying to get some clarity on this.

Thanks.

Who is liable for business debts? | business.gov.au