can an iva be transferred from wife to husband

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gln

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Post by gln » Fri Mar 14, 2008 8:06 pm
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can an iva be transferred from wife to husband in the event of none payment by the wife. ie if they are seperated.
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MelanieGiles

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Post by MelanieGiles » Fri Mar 14, 2008 8:23 pm
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Hi gin and welcome to the forum

An IVA can only cover debts in the name of that particular individual, but there is nothing to stop one partner from paying the contributions on behalf of the other. Not sure if that answers your question at all, but please post more information if you need to.
Regards, Melanie Giles, Insolvency Practitioner
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gln

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Post by gln » Fri Mar 14, 2008 9:48 pm
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gln wrote:

can an iva be transferred from wife to husband in the event of none payment by the wife. ie if they are seperated.

so if the husband and wife are seperated and the husband defaults on payments then can the iva people come after the wife for the money and have the iva transferred to the wife?
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MelanieGiles

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Post by MelanieGiles » Fri Mar 14, 2008 9:51 pm
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No - the wife is just responsible for paying her share of the contributions.
Regards, Melanie Giles, Insolvency Practitioner
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gln

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Post by gln » Fri Mar 14, 2008 9:54 pm
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MelanieGiles wrote:

No - the wife is just responsible for paying her share of the contributions.
how do you mean she is responsible for her share of the contributions? surely if it is just for one person then the wife has no link to it?
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MelanieGiles

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Post by MelanieGiles » Fri Mar 14, 2008 10:07 pm
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If only one person is in the IVA, then the other cannot be held to be responsible for it - assuming that is the point you are trying to get answered.
Regards, Melanie Giles, Insolvency Practitioner
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carlmcmullen

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Post by carlmcmullen » Sat Mar 15, 2008 12:15 am
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Further to Melanies reply

If wife splits from husband whilst in the IVA then the party who's the debt are is soley responsible for the VA and the liability cannot be transferred to the other party, regardless if the income of the other party was used in the origianl proposal.
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