Separation rarely divides debts as neatly as it divides a bank balance. There might be a credit card in both names, a car loan in one name for a car the other person drives, a personal loan that paid for a renovation, and buy now pay later accounts nobody has looked at in months. Meanwhile the mortgage still needs paying, often on one income.

This guide explains what happens to joint debts when you separate, how to protect your credit file while things are being sorted out, when rolling debts into a home loan refinance genuinely helps, and what it really costs. If you are struggling to make repayments right now, skip to asking for hardship help first.

General information note: This article is general in nature and does not constitute legal, financial, or credit advice. Separation involves complex legal and financial matters specific to your individual circumstances. Always seek independent legal and financial advice before making decisions.
In this guide
  1. Start with a full list of debts
  2. What happens to joint debts
  3. Protecting your credit file
  4. Asking for hardship help
  5. Refinancing to buy out a partner and clear debts
  6. When consolidating into a mortgage makes sense
  7. The real costs
  8. Getting the right help

1. Start with a full list of debts

Before anyone can sensibly talk about consolidation, you need the full picture. The Attorney-General's Department's guide for separating couples suggests making a list of everything you and your former partner own, and then every debt, including debts owed against those assets. For each debt, note:

Then get a copy of your credit report from each of the main credit reporting bodies. Moneysmart notes you can get one free every three months. It is the most reliable way to find accounts you had forgotten about, or did not know were in your name.

If you are worried about your safety: requesting a credit report usually means giving your residential address. The Attorney-General's Department's guide suggests calling the National Debt Helpline on 1800 007 007 before you request one if you are experiencing, or worried about, family or domestic violence. You can also call 1800RESPECT on 1800 737 732. Our browsing safely guide has more on keeping your research private.

2. What happens to joint debts

The most important thing to understand is that an agreement between you and your former partner does not change your contract with the lender.

Debts are part of the property settlement too. The Federal Circuit and Family Court of Australia explains that the court looks at what each of you owns and owes, individually and jointly, when it decides a property settlement.

Changing who is responsible

Responsibility for a debt generally stays with the person or people named on the credit contract, even after a property settlement. Removing someone's name usually means the lender agreeing to a new credit contract, which it will only do if the remaining borrower can afford the debt on their own. If your name does come off, get written confirmation from the lender that you no longer have any responsibility for it.

In some circumstances, a family law court can order a lender to change who is responsible for a debt, for example by removing one person from a joint debt. There are important limits: the court must not think it likely that the debt would then go unpaid, the lender must be given the chance to put its view, and the order must be necessary for the property split and fair. Talk to your family lawyer about whether that is realistic in your case. Our guide on consent orders and binding financial agreements explains how agreements are formalised.

If the lender cannot remove your name, the Attorney-General's Department suggests giving the lender a copy of your orders or agreement, asking to be told straight away if repayments are missed, checking statements regularly, and keeping an eye on your credit report.

3. Protecting your credit file

Your credit file will matter when you apply for your own home loan or refinance. According to the Office of the Australian Information Commissioner, these are the main time limits:

Information on your credit reportHow long it stays
Repayment history (whether you paid on time)2 years
Financial hardship information1 year
Credit enquiries (applications)5 years
Defaults5 years
Court judgments5 years
Serious credit infringements7 years

Source: Office of the Australian Information Commissioner, What stays on a credit report, checked 30 October 2026.

In practice, the steps that protect you most are simple:

Our guide to protecting your credit score during separation goes into more detail.

4. Asking for hardship help

If you cannot keep up with repayments, tell your lender as early as possible. You have a right to request financial hardship assistance from most lenders, and the Attorney-General's Department's guide lists relationship breakdown as one of the situations it is designed for. A hardship arrangement might mean lower repayments for a while, a short pause, a longer loan term or waived late fees.

If you are staying in the home and struggling with the mortgage, read who pays the mortgage after separation as well.

5. Refinancing to buy out a partner and clear debts

For many people, the cleanest way to deal with joint debts is as part of the refinance that moves the home loan into one name. When you refinance to keep the home, the new loan can sometimes be set up to:

Whether that is possible depends on the lender being satisfied you can afford the whole loan on your own income, and on the loan-to-value ratio (LVR) staying within the lender's limits. Lenders look at every debt you keep, and generally assess a credit card on its full limit rather than just the balance owed, so closing cards you do not need can make a real difference. Your consent orders or financial agreement may also say which debts are to be paid out and from what, and the refinance needs to match those terms.

See how to buy your partner out of the home loan and removing an ex from the mortgage for the step-by-step process.

6. When consolidating into a mortgage makes sense

Rolling debts into a home loan usually means a lower interest rate and one smaller repayment. But Moneysmart warns that a lower repayment over a longer term can cost more overall. Its example: a $20,000 debt at 10% over 5 years costs $25,496 in total, while the same debt at 6% over 15 years costs $30,379.

It often makes sense whenThink twice when
You have high-interest unsecured debt, such as credit cards or personal loansThe debt would end up being repaid over 25 or 30 years
You need to be released from joint debts as part of the settlementAdding the debt would push your LVR above 80% and trigger LMI
You can keep paying close to the old repayments, so the debt clears quicklyA fixed rate loan or car loan has break or early payout costs that outweigh the saving
You will close the cards and not run them up againThe underlying problem is that the budget does not balance yet

There is also a risk that is easy to miss. Moneysmart points out that turning unsecured debt into secured debt puts the asset at risk: if you cannot repay the new loan, the lender can sell the home. Credit card debt does not put your home on the line in the same way. That is why it is worth being confident the repayments are sustainable before you consolidate.

7. The real costs

Before you consolidate, add up everything, not just the interest rate. Moneysmart suggests asking for all costs in writing. Common ones include:

Compare the total cost of keeping things as they are with the total cost of consolidating, over the time you realistically expect to take to repay. We do this comparison for you as part of any refinance.

8. Getting the right help

Different problems need different people:

1
Struggling to pay, or a debt-only property pool
Start with a free financial counsellor through the National Debt Helpline on 1800 007 007.
2
Who should carry which debt in the settlement
A family lawyer, or a family dispute resolution service if you are trying to agree. Our support resources page lists services in every state.
3
A debt you were pressured into, or did not know about
Economic and financial abuse is a form of family violence. Call 1800RESPECT (1800 737 732) or the National Debt Helpline. If a lender will not help, you can complain to the Australian Financial Complaints Authority (AFCA), a free service, after first using the lender's own complaints process.
4
Refinancing, buying out a partner or consolidating
That is where we come in. We compare options across our panel of 60+ lenders and show you the full cost before you decide.

Be careful with debt management offers. Moneysmart warns against companies that promise to clear any debt regardless of the amount, ask you to sign blank documents, rush you, or will not put all costs and the interest rate in writing. Only deal with a licensed provider, which you can check on ASIC's professional registers.

Common questions

Am I still responsible for a joint credit card if my ex agreed to pay it?
Yes. Your agreement with your former partner does not change your contract with the card provider. Both people named on a joint card are responsible, and missed payments affect both credit files, until the debt is paid out or the provider agrees to remove you.
Can I roll joint debts into my home loan when I refinance to keep the house?
Often, yes, if the lender is satisfied you can afford the whole loan on your own income and the loan stays within its LVR limits. Paying out joint debts as part of the refinance can release both of you from them. Your settlement terms need to match what the refinance pays out.
Will a hardship arrangement hurt my credit file?
Financial hardship information is shown next to your repayment history and removed after one year. The OAIC says credit reporting bodies cannot use it to calculate your credit score. Missed payments and defaults stay on your report for longer.
How long do missed payments stay on my credit report?
Repayment history information stays for two years. Defaults stay for five years, as do credit enquiries and court judgments, according to the OAIC.
Is consolidating debt into my mortgage always cheaper?
No. The interest rate is usually lower, but spreading a debt over a longer term can cost more in total. Moneysmart's example shows a $20,000 debt costing $25,496 over 5 years at 10%, but $30,379 over 15 years at 6%.

Want a clear view of your options?

We will look at your debts, your settlement and your income, and show you the full cost of each option before you decide anything. Confidential, no cost, no obligation.

Sources
  1. Attorney-General's Department, Separating with debt: a guide to your legal options, May 2025 edition.
  2. Moneysmart (ASIC), Debt consolidation and refinancing.
  3. Moneysmart (ASIC), Relationships and money and Credit scores and credit reports.
  4. Office of the Australian Information Commissioner, What stays on a credit report? and What is financial hardship information?
  5. Federal Circuit and Family Court of Australia, Financial or property: overview.

Rules and caps were checked against these sources on 30 October 2026. Government schemes and lender policies change, so we confirm the current position before you apply.

Jason Given
Jason Given
Director & Mortgage Broker · MFAA Member · MFPA Designated
Lendology
Jason specialises in separation finance, helping clients across Australia refinance, restructure, and move forward after relationship changes. He works alongside family lawyers and financial advisers to ensure the finance side is handled with care.
Last reviewed: October 2026
Jason Given Steve Chin
Jason Given and Steve Chin
Licensed mortgage brokers · MFPA designated · MFAA members · Australia-wide

We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.

The part we handle

Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.

Refinance to sole name
Moving the joint mortgage into one name so you can keep the home.
Partner buyout
Funding the equity payout to your former partner as part of the settlement.
New loan in one name
Purchasing your next property independently after settlement.

Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.

General information disclaimer: This article is for general information purposes only and does not constitute financial, legal, credit, or tax advice. Individual circumstances vary. Given Finance Pty Ltd (ABN 22 624 144 501) trading as Lendology is an Authorised Credit Representative (Credit Representative Number 506866) of LMG Broker Services Pty Ltd, Australian Credit Licence 517192. Seek independent legal, financial, and tax advice before making decisions. National Debt Helpline: 1800 007 007.