In joint IVA need advice re-relationship split

dimples_2

Hi there
I am currently in an IVA with my husband but things are looking a bit shaky and we may end up going down the break up route. I'm just trying to assess what my options will be if we do.

Basically I just wanted to find out if anyone on here has been in the same situation and what could they do?? I don't actually work but receive benefits as carer for our disabled child, my husband does work.
Our debt is a combination of individual and joint. We have no assets to protect as we rent privately. We were originally advised that BC was the better option but wanted to avoid it primarily for my husbands work reasons.

I think on my own I would be forced down the bankcruptcy route, which I don't want if we split, but I really don't want to stay in this relationship just to avoid the stigma of BC. We are with Debt Free Direct (IVA) and were recommended to them by CCCS. Would I be able to go back to the CCCS and do a DMP if the IVA fails???

I'm so scared of being BC as I would have to lose this house which I love and we have a great landlady too, but it quite clearly said in our original rental agreement that she could get rid of us if we went BC. I'm too scared to talk to her yet as don't want her to get funny with me.
If we split I'd have to initially be on housing benefit and possibly BC which would not be too appealing to any landlord would it?? I've never fallen behind with rent or council tax or even utility bills though so hope that would go in my favour.
Because of my childs disability I really don't want to end up in a B&B and keep being moved around either.
Right now I feel I'm stuck between a rock and a hard place so any advice I'd be greatful for.

Thanks.

Kazonline

I've no idea where you would stand with regards to the IVA if you were to seperate, but on the note of the tenancy of your home I understand the main reason that landlords are reluctant to take people on housing benefit is because of the 'type' of client they expect to then get. Your landlady allready knows you so that will go in your favour, and as for the BC part from what you say that was only a 'could' not a 'would', so it's not guaranteed.
I would imagine that most landlords would prefer to keep a current and trusted tenant rather than look around for new providing they knew they could count on the rent.
I hope you get some more definite answers soon (probably cross posted with some!)
Kaz x
PS you might be able to get an idea of how much Housing benefit you could get by calling that dept of your council. I think they have a 'basic' permitted figure, and that even that can be increased in certain cases. Worth a call?

aimme13

hi, not sure how it works with an IVA but i was on a joint DMP with my ex when i realised that i wanted to leave him, it sounds crazy now but i did stay longer as the DMP was one of the things i kept thinking about. Anyway stupid me kept paying the full DMP for both of us a year after we split untill i couldnt afford to pay anymore and finally told him that too, so i phoned payplan and explained the situation, I thought it was gonna be really difficult to sort out the finances but it was actually straight forward as none of the debts were joint. It was straight forward i just now pay for my own debts on a DMP.

I think the best thing you can do is call the CCCS or payplan and find out where you stand, as far as the housing goes, i dont see the problem with you staying where you are, most landlords dont like taking housing benefit tennants, but i think most of them are fine if you have been a tennant for a while and then you have to go onto housing benefit. Housing benefit can be paid to you by cheque and you pay the rent as normal. You may have to wait a while whilst your claim is being processed so you might have to cover this rent.

good luck with whatever you decide

taxi73

Hi sorry I can't help you but others will be along to help you..I wish you luck and as the ops say I think you'd probably be able to stay in the house..I would give your plan people a call and ask them and also talk to youlocal council at least then you'd know what you are facing..good luck