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

Posted: Tue Aug 28, 2007 3:20 pm
by aguise
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

Please visit my blog at http://aguise.blogs.iva.co.uk/

Posted: Tue Aug 28, 2007 3:26 pm
by iva experts
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?

Best Regards. IVA Experts

Posted: Tue Aug 28, 2007 3:36 pm
by iva_squirrel
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.

Regards,
Michelle P.

Posted: Tue Aug 28, 2007 4:57 pm
by Oliver
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.

Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp

Posted: Tue Aug 28, 2007 7:12 pm
by MelanieGiles
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.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

Posted: Tue Aug 28, 2007 8:32 pm
by Skippy
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.

View my blog at http://skippy13.blogs.iva.co.uk/

Posted: Tue Aug 28, 2007 8:57 pm
by MelanieGiles
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