Moving in together when one of you has debts

This is general information, not legal advice. It covers England and Wales – Scotland and Northern Ireland have their own rules. For your own situation, talk to a solicitor.

Are you responsible for your partner's debts?

No, not for debts that are only in your partner's name. You're liable for debts in your own name, and for the whole of any debts in joint names. If you act as guarantor for your partner's debt, you're responsible for that too. Council Tax is the debt couples most often share without thinking about it: partners who live together are jointly responsible for the bill, whoever pays it. Think carefully before you take out a loan or an overdraft together.

Can bailiffs take your things?

A bailiff, or enforcement agent, may only take control of goods that belong to the person with the debt (Tribunals, Courts and Enforcement Act 2007, Schedule 12, paragraph 10). They can't take someone else's belongings, such as your partner's computer – but you'll have to prove that the goods aren't the debtor's. If something you own together is sold, the bailiff must first pay you a share of the proceeds in proportion to your part (paragraph 50). If they take something that's yours, you can apply to court to say so. Once the bailiff knows about the application, the goods may not be sold unless the court directs it – and you may be asked to pay money into court in the meantime (paragraph 60).

Bailiffs must usually give at least 14 days' notice before the first visit, and you usually don't have to let them in. So it helps to be able to show what belongs to whom:

• Keep receipts, invoices and bank transfers for bigger purchases: furniture, a computer, a bike.
• Write down what each of you brings into the home, and attach the list to a cohabitation agreement.
• Pay for your own things from your own account, so it's clear who paid.

What can't bailiffs take?

Things needed for basic domestic needs are exempt, for the debtor and everyone in the household: a cooker or microwave, a fridge, a washing machine, a dining table with enough chairs for everyone, beds and bedding, and clothing. So are tools and equipment someone needs for work or study, up to £1,350 in total (Taking Control of Goods Regulations 2013, regulation 4).

What about a joint account?

With a joint account, you both have access to the money, whoever pays in. An overdraft on it is a debt in both names. That's why many couples keep their salaries in their own accounts and only move what goes on the home into a joint one. Read more in Joint finances or separate?.

Where can you get help?

Breathing Space gives someone with problem debt legal protection from creditors for up to 60 days: most enforcement action and contact from creditors is paused, and most interest and charges are frozen. It goes through a debt adviser.

A Debt Relief Order is for someone with debts of less than £50,000, has less than £75 a month spare income and doesn't own a home. Payments stop for 12 months, and after that the debts in it don't need to be paid. It's free, and you apply through an approved debt adviser. Bankruptcy is applied for online and costs £680. Free debt advice is available from Citizens Advice, MoneyHelper, National Debtline and StepChange.

How should you set up the shared costs?

• Split the costs so you can see who pays for what: rent, groceries, energy. Ways to do it are in Splitting the rent when you earn different amounts.
• Don't sign a loan or act as guarantor together until you know what it means for both of you.
• Talk about it openly. Separate accounts are simpler when you both know where the line is.