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Bankrupcy help please

2

Comments

  • LincsPaul
    LincsPaul Posts: 131 Forumite
    You earn approximately 33% of the household income so the OR will probably say you are responsible for 33% of the household bills and your husband for the rest. Depending on how the OR treats the mortgage, you might be looking at an IPA on these numbers.

    You say the house was gifted yet your husband is paying a mortgage, so I assume only a portion of the entire value of the house was gifted? Is there anything apart from the deeds or whatever to prove that the gift was to your husband only and not you as a couple (not sure if that's legally possible anyway as you're married but maybe).

    I think you'll be alright, providing you haven't contributed financially to the property in any way and therefore wouldn't be entitled to any of the proceeds should the house be sold. However, worst case scenario I would add up what your beneficial interest could potentially be - e.g. half the mortgage payments for x number of months - and consider getting someone like your husband or his parents on standby to buy you out if necessary. If you haven't lived in the house for long it shouldn't add up to much.

    It might indeed be worth getting advice from a specialist before pressing the button.

    Also, any chance your car is worth £400 less? Assuming you need it for childcare/commuting the OR likes a car to be worth no more than a grand ideally.
  • LincsPaul
    LincsPaul Posts: 131 Forumite
    P.S. Can you remortgage or 2nd mortgage to avoid BR? I'm sure you've already thought of that.
  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,

    Add £250 to your groceries, up your holidays to £60 and put £60 in for entertainment / leisure. Put another £60 on to clothing.

    Despite the need to always advise people that they may have established a beneficial interest in someone else's property - my large debt team have never seen the Insolvency Service attempt to claim a property that is solely owned by the non bankrupt partner, and we have had many bankruptcies where this was the property position.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • Sorry the mortgage isn’t in my name it is solely my husbands his parents gift deposited off the value of the house it’s been their family home for 40 years. They wanted it to be solely his (they are funny it’s not worth the argument to be honest)

    I read somewhere that u don’t HAVE to declare your husbands wages and they would assume you both pay half? Would that not work out better for me then declaring it and then putting it down as 33%?
  • silvercar
    silvercar Posts: 50,955 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    You earn approximately 33% of the household income so the OR will probably say you are responsible for 33% of the household bills and your husband for the rest.

    my understanding was that the non-bankrupt partner could decline to provide any information. Then the OR would assume that the bankrupt's split of the household bills would be 50/50.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Would they assume that the remaining is 33% mine aswell then ??

    Or just take 33% off of all expenditure as a whole and minus is from my personal earnings? Sorry I!!!8217;m a nightmare for wanting to u feral and things and this is all so overwhelming
  • Hi,

    Add £250 to your groceries, up your holidays to £60 and put £60 in for entertainment / leisure. Put another £60 on to clothing.

    DD

    Would this be seen as unreasonable? £750 a month on groceries? Do they not see holidays and entertainment as non essential?

    Also would they take into account things like children’s swimming lessons etc? Or would they need to be canceled?
  • John-K_3
    John-K_3 Posts: 681 Forumite
    Given the amounts that you are spending on luxuries and frivolities, do you really need to go bankrupt?
  • I!!!8217;m not spending on luxuries someone else advised I put them up. I do pay swimming lessons but as you can see from my debt above I!!!8217;m literally going around in circles paying on card because the amount outgoing on debt far outways what I!!!8217;m earning. I!!!8217;m not on here to be judged I!!!8217;m here to uunderstand what I could be paying which is fine if I have to because anything has to be better then what I!!!8217;m doing now
  • John-K_3
    John-K_3 Posts: 681 Forumite
    I!!!8217;m not spending on luxuries
    My mistake, I thought that you had Sky television in your SOA.

    Actually, I have checked, you do.

    This is possibly where you have been going wrong. If you are viewing luxuries as necessities you are always going to struggle.

    Are you honestly claiming that that is a necessity? You spend more on that than my wife and I do, and we are both relatively senior investment bankers...

    If your husband lays it, but you lay for something else to make up for it, that is still a household luxury.
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