Is my husband liable to my debts

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margaret.b

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Post by margaret.b » Tue Aug 28, 2007 3:17 pm
Is my husband liable to my debts, would his income have to be taken into consideration?
 
 

aguise

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Post by aguise » Tue Aug 28, 2007 3:20 pm
Hi margaret if you mean in an iva then only to the extent that he pay his fair share towards the household expenditure. If the debts are joint then if you entered an iva he would then become liable and the creditor would ask for payment from him.
If you post more details then everyone will help with solutions and a possible way forward.

Ang

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iva experts

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Post by iva experts » Tue Aug 28, 2007 3:26 pm
Welcome to the Forum Margaret,

In an IVA if the debt is in your name then you are liable, however as you are married your husband's income will be needed as your IVA will be calculated on a household income & expenditure.

Could you provide anymore information, How much is your debt amount? Who are your creditors?

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iva_squirrel

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Post by iva_squirrel » Tue Aug 28, 2007 3:36 pm
Hi margaret and welcome,

You will likely be committing to a joint income and expenditure budget but if you can show that he has not benefited from any of your debt then his expenditure will not be as scrutinised by the creditors.

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Oliver

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Post by Oliver » Tue Aug 28, 2007 4:57 pm
If the debts are in your name only then your Husband will not be liable for them. In an IVA you are likely to have to declare his income so that you can show he pays his fair share of all shared bills.

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MelanieGiles

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Post by MelanieGiles » Tue Aug 28, 2007 7:12 pm
Legally he is not liable for your debts, but creditors will likely take the view that he probably benefitted from the loans etc and should therefore contribute towards their repayment. This is pretty unfair, but is becoming more and more of a general view I am afraid.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

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Skippy

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Post by Skippy » Tue Aug 28, 2007 8:32 pm
What happens if the debts were accrued before you met your partner? For example if you have been together a year but the debts had been run up over the previous 10 years?

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

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MelanieGiles

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Post by MelanieGiles » Tue Aug 28, 2007 8:57 pm
If you could prove that then this is a good defence against the non-insolvent partner having benefitted from the borrowings.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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