Finally decided please advise

purple-pear

Hello,

Sorry to anyone who has read all my different threads asking different uestions but I have never been so confused and depressed in my life and as u know it can do funny things to your head!

I have finally decided the best thing for me is BR but I have a few queries around this.

The first is that I am married however all the debt and my mortgage is in Miss and my maiden name, I did this as my husband as a defualt on his file and cant obain credit and I didnt want associating with him. Howver my wage was in my married name as people know me in my married name at work. So I have just recently chnaged my wage slips back to miss and madien name as I was thinking of doin a iva and thy want wage slips. However my new tax code has just come through in my married name and my child benefit and working tax credits are also in married name.

I am worried that these will connet me to my married name as I want to go BR in my madien name then it doesnt affect my husband. I am classed as miss for all my credit etc so have no reason to disclose I am married. Am I ok doing this I know its not 100% truthfull but no point bringing us both down and I have a little girl to think about. Or will they find this out and if so how?

Read a post saying that if there is a shortfall in property repo and debt etc if wife goes br than thy will chase the husband is this correct?

Another question is I will have a massive shortfall from property and want to include this in the br how long after the property sells can it be included i.e what if it tkaes 5 years to sell I cant wait that long to go br??? confused with how it works.

Any advise greatly appreciated.

Merry_Gentry

Hi Purple-pear

If you have any joint debts with your husband, once you go BR they will chase him - regardless of what name you have used. If all of the debts are ONLY in your name, they won't chase your husband.

Once you go BR, the mortgage will fall to your husband automatically. Is the house being repossessed or are you staying in it?

peachyprice

Hi Purple-Pear,
Unfortunaltey you have to put names down on the forms that you are known by, you cannot go BR in just your maiden name.

When you go BR you sign a form giving permission for the OR to contact HMRC, if you don't tell them all the names you are know by they will find out from there, and you will get in big trouble for misleading the OR.

And as Merry said, regardless of which name use you all your joint debts will fall to your OH.

purple-pear

I am not known by married name though I am going to ring the couple of things that are in married name and say mistake on paperwork and transfer back in to madien name. Also mortgage in my name only so how would thy know to chase him?

Merry_Gentry

Is the mortgage JUST yours?

peachyprice

You have to go BR in both names.

At court you will swear on an oath that all the information on your forms is correct, do you think you can get away with lying to the judge with no consequence?

Merry_Gentry

purple-pear wrote: »

I am not known by married name though I am going to ring the couple of things that are in married name and say mistake on paperwork and transfer back in to madien name. Also mortgage in my name only so how would thy know to chase him?

The OR will be able to see the transfer to your maiden name from your statements.

Caroline73_2

Everything from HMRC is in your married name so you ARE known by your married name.

mysterio_2

http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1911/cukpga_19110006_en_1

makes interesting reading....

fiveyearplan

If the mortgage is in your name only then they will not chase husband for it. It doesn't matter which name you used it is your debt so no point in changing things over. I have been married for 19 years and still had to put my maiden name down as I still had one bank account in my maiden name - it was changed over but it was Barclays and they are rather slow!!!

Nothing regarding your BR will affect your husband so don't worry about that and if you didn't have any joint debt they will not and cannot chase him for anything.

Presumably you are looking to rent a place to live and move out of your mortgaged property?

purple-pear

mortgage in my name not married name