considering my options

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helenl.w

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Post by helenl.w » Tue Feb 26, 2008 4:21 pm
I am considering my options with regard to a large amount of unsecured debt I presently have and wondered what the implications if any would be towards my husband if I was to apply for an IVA and all the debt is in my sole maiden name.
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Helen
 
 

Adam Davies

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Post by Adam Davies » Tue Feb 26, 2008 4:46 pm
Hi Helen
Most IPs now have to take into account both your incomes so that they can determine that you are paying a fair share for your household costs.For example if you earn 40% of the household income then you would be expected to pay 40% of the household bills.Any remaining monies would then form your IVA payments.Another way that some IPs calculate your disposible income[IVA payment]is to take your joint income and joint expenses and then divide any surplus by the ratios that you earn,so in the above case 60/40.
The final implication is that if you are a homeowner you would have to remortgage your share of any equity towards the end of the IVA.
Regards
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Tue Feb 26, 2008 9:26 pm
Andy is absolutely correct, and this is always a dilemma for parties who have incurred debt prior to a relationship, where creditors take the attitutude that the non-insolvent partner should contribute to the debt repayments.

Of course some partners are actually happy to help out, and others point blank refuse to be drawn in - so I guess the options available to you pretty much depend upon how supportive your partner is likely to be.
Regards, Melanie Giles, Insolvency Practitioner
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