Confused? how does my bankruptcy affect my husband?

mitch2509

Hi

First ever post......

Could someone please explain how if I went bankrupt this would affect my husband please? I can't seem to find an answer anywhere!

We have a joint account at the moment with a overdraft of £260 this is the only joint thing we have except a housing benefit over payment, they have admitted their mistake but we were told we should have realised their mistake and informed them so we now owe them £3000 - These are the only 2 things that are joint.

All other debts are in my name only mainly credit cards, 1 overdraft and Npower debt of £1600. My debts all together total over £15000.

What I want to know is as we have a joint account now(I understand that we will have to make it a single account in his name), will my husbands wages be included in my bankruptcy SOA and be taken into account when working out what I can afford to pay towards my creditors/OR.

The only money I receive in my name is CTC and child benefit, no wages.

Will the OR want to see out joint account bank statements as obviously this shows my husbands wages.

I am really confused by it all, at the moment I'm in a DMP with stepchange but the only way I am able to make payments to this is because my OH includes his money in with mine for their SOA.


I hope I have explained my self well enough.

Thanks in advance.

R

alastairq

The SOA [for BR] should show how much the petitioner contributes towards joint household expenditure.

Since you have no income yourself...aside from benefits....you will contribute only a small amount..and benefits are not included when looking for a surplus of income.

With the joint account, the overdraught will become your spouse's responsibility to meet. [which is why banks just lurve joint accounts......if one party defaults/petitions BR, then the other is pursued for the balance]

So, yes, your husband's income will be taken into account....but will not be affected by your BR. [it is not, for example, considered as your income]

You need to open a basic bank account yourself, however.

Best done well before any petition. The two banks who are BR-tolerant are Co-op....but only if opened prior to a BR petition, and not after the petition [and whilst still Undischarged]...or Barclays, who aren't as fussy about timing.

For your SOA....your OH need not disclose his income to the OR, BTW.

However, if that were the case, the OR may start to make some assumptions regarding the percentage of contributions your OH makes.

mitch2509

Hi

Thanks for the reply, so would I put my husbands income down on the SOA and all the out goings? Would I also include all the benefits?

The reason I'm asking is that sometimes my husband does extra work for a different company and it looks like we are quite well off some months but with 4 kids it doesn't last long.

I am sorry for the million questions, but i feel like I've walked into a minefield and I'm about to step on a mine!

Thanks again