Wives wages

stevelinz

Hi, I rebooked my BR hearing to the judges not allowing me to pay my CCJ's off on a weekly basis and no three have started to try and get a charging order on my house. The reasons are that they are trade debts and not personal ones!!!

So september the 10th its off to court to hopefully be declared BR. I have written to the other courts re the CCJ's and charging orders to inform them to stop any orders being granted.

My main questions are regarding my wife. Does her wages come under my SOA or would it be half?
The other part is our car, It was in my name but I changed it into her's due to debt collectors and baliffs. But I am happy to tell the OR the truth with the change. But the car is jointly owned does the OR only take my share of the value or do I need to prove it is a family car?
It is the only one will own and my wife is working whilst I look after the children.

Thanks to all in advance

Steve

peachyprice

Hi Steve, it's only your wifes contribution to the household bills you need to put on your SoA. You put all the shared stuff i.e mortgage/rent, food, utilities and your own personal outgoings, then in the box where is says 'contribution by others in household (or something like that!) put the amount your wife pays towards the shared stuff, usually 50% but probably more as you're not working.

As for the car, is it on HP or loan?

stevelinz

no the car was paid in full over three yrs ago, Its worth bottom book around £2,400

peachyprice

When you say you changed it into her name, do you mean you changed the registered keeper? This isn't the same as the owner, it depends whose name the car was bought in as to who the legal owner is, was the receipt in your name or both?

stevelinz

I bought the car from auction so it is mine, But will the OR look at it as a family car as she needs the car for work?

The keeper change was just for balliffs

skylight

It also depends on the OR themselves!

My car is mine, but 2 years ago we transfered the registered keeper to OH (It was cheaper for him to drive than the people carrier so we did it that way). I bought the car in 2003 and its current value is just about £1k on a good day. OR has no interest in my car as its not mine (apparantly). If, however, we had done this 6 months before BR, then they would have viewed it as dispossing of assets.

It depends on timing and your OR. And they definately will not see it as shared owned though - whatever.

skylight

Oh - and needed to add this bit on but posted too fast!

If its the only car your family has and your wife needs it for work, then it should be exempt on those grounds anyway. No car= no paid work= no bills= wife in trouble at later date with her debts.

Cars are never guaranteed in BR, either way. You can but fight your corner.

peachyprice

skylight wrote: »

It also depends on the OR themselves!

My car is mine, but 2 years ago we transfered the registered keeper to OH (It was cheaper for him to drive than the people carrier so we did it that way). I bought the car in 2003 and its current value is just about £1k on a good day. OR has no interest in my car as its not mine (apparantly). If, however, we had done this 6 months before BR, then they would have viewed it as dispossing of assets.

It depends on timing and your OR. And they definately will not see it as shared owned though - whatever.

Damn inconsistant OR's!!!!
Ours said it didn't matter that I am registered keeper of both cars because the receipt for my OH's car is in his name so it belongs to him!

peachyprice

Steve, I guess you could take a chance and put the car on your forms in the bit that says 'do you have use of a car that belongs to someone else' and hope your particular OR sees your wife as the owner.

Evenso, if she needs it for work they're unlikely to take it as Skylight says, they would be preventing your wife from working.

skylight

This is one of the biggest problems with "guidelines" though. I wish they would make rules. It may be unfair for some, but at least everyone would know where they stood and what to expect.

stevelinz

thanks everyone, hopefully our OR will see sense and allow us to keep it