H bankrupt. OR pursuing ME for rent he paid on our house!!!!

bobbingalong123

Had a letter from OR asking me to repay rent H paid on our house.

H hasnt contributed to our financial income since about april 2011. He earnt some money in Oct 11 (£6k) and used it to go towards rent/household expenses over the last 6m. It was in my account as he went bankrupt in Nov 11 and obviously his accs would be closed. This was all set out in his petition and he told the OR at the interview. He isnt expected to earn any more money for the remainder of his bankruptcy (primary child-carer) so this will have been his total income. Obviously I'll have to now pay ALL the rent and ALL the expenses for the remainder of the year.

Now they want it back off ME saying I benefitted from it!!!! How have I benefitted??? £6k contribution towards household expenditure??!!! if they get it back then H will have contributed NOTHING to our living expenses despite having earnt £6k. How is this fair on me?!!!!! HELP!!

Why have they bloody waited until it has all been used to ask for it?!!!:mad:

debtinfo

What sort of payment was the 6K for, redundancy, monthly wage, backpay, self employed, bonus etc

bobbingalong123

It was from selling a house - he was a self-employed property developer so it was his income/earnings. This was fully set out in petition and stated that he intended to use it for rent/household expenses. He obviously isnt going to earn anymore money because as I said, he's a house-husband.

debtinfo

Then since he has ceased working and the money came from closing that business down and selling its assets, then the money is simply cash/savings at the date of the bankruptcy and is an an asset in the bankruptcy, it does not really matter what he wanted to do with it.

Going forward from the bankruptcy date then he and you have to live from the income you are generating after the bankruptcy dependant on the situation you have decided or have no choice tolive with.

As the money was an asset and he disposed of that to you that the OR has every right to try and reclaim that from you

bobbingalong123

Oh god this is really awful.

debtinfo

what exactly has happened to the money now?

bobbingalong123

So at the date he went bankrupt there was 2900 approx left of the money. So if that had been in his account at that date they could have taken the lot, even if he needed it for living expenses???? And had no prospect of earning any more money? Surely that is exactly what has happened??

bobbingalong123

It's been used for living expenses/rent! Over the same period I have contributed MORE than this so it was definitely a fair split.

debtinfo

bobbingalong123 wrote: »

So at the date he went bankrupt there was 2900 approx left of the money. So if that had been in his account at that date they could have taken the lot, even if he needed it for living expenses???? And had no prospect of earning any more money? Surely that is exactly what has happened??

Yes they would as he is no longer in work so it is not income for his ongoing expenses it is an asset and so belongs to the bankruptcy.

It would be different if say he was earning and continuing to do so in which case they would leave him enough for the next month until he got paid again

debtinfo

bobbingalong123 wrote: »

It's been used for living expenses/rent! Over the same period I have contributed MORE than this so it was definitely a fair split.

As above this is no longer his income, he is a househusband and so has no income in which case a fair split is you paying for 100% of everything, it is the same if it is the person earning that goes bankrupt the OR allows them to pay 100% for the non bankrupt who is not earning.

What was the plan for when his money ran out who was going to pay the bills then if he was a house husband

bobbingalong123

How can that be right - he gets to keep it if he is going to earn more and has to lose it if he isnt going to earn more???!! Self employed people are not paid every month... when he worked as a developer he would maybe get paid twice a year!