Spouse's Bank Statements

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hubert

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Post by hubert » Tue Nov 25, 2014 8:49 pm
Hi,

My wife is not part of my IVA and we were discussing the change-over to CF from PJG and I mentioned about bank statements forming part of the review.

She said that she hopes they don't ask for her bank statements as she would refuse.

I said absolutely not...

But doubt has entered my mind.

Can an IP demand spouse/partner bank statements for a sole account held by them when they are not in the IVA?

Can they demand anything in fact from that person?

If so, what if the spouse/partner refuses?

Anyone had this situation occur?
One pay-cheque away from oblivion!
 
 

Foggy

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Post by Foggy » Tue Nov 25, 2014 8:53 pm
No, they have no call or hold over the solvent spouse. Some firms, though, use household income and embroil the spouse into the IVA (unfairly in my opinion). PJG wasn't one of them.

Spousal refusal will have no bearing ( other than having to co-operate with equity release if the property is jointly owned).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Wed Nov 26, 2014 9:10 am
The IP has no right to see the anything from the 'non insolvent spouse'. However most ask for income details to ensure the bills are fairly split but if no details are provided the IP must assume equal earnings and a 50/50 split of the bills.

This can work for or against you depending on how much income your wife has.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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