New partner liable for my debt?

fedupandhurt

Im currently having debt issues which started when my marriage ended a few years back all the debt was in my name only.

My question is now i have found a new partner in the eyes of any creditor will she be expected to hand over her income details and help me with these debts?

Or will i be only assessed on the income i receive?

Any advice on this would be greatly appreciated.

HappyMJ

She'll be expected to pay 50% towards the household expenses which will increase the amount you can pay towards your debts but if her income is less then your share of the household bills increases and reduces the amount available to you to put towards your arrears.

So in a way yes but she won't be liable for the actual debt.

If your income is zero then she isn't expected to pay them for you.

ShirePiskie

In a word no.

My newish husband and I were both in a similar situation when we came to the relationship. He is is a DMP and has never provided my details.

We have taken care, while we are both paying off debt, to not link financially, so no joint accounts.

dancingfairy

She is not liable for your debts. However if you are living together then I would expect you to both pay a fair share for the regular bills (not debts). For example if you both earnt the same then I would expect you to both pay 50:50 with regards to food, council tax, mortgage etc etc. If someone earnt significantly more I would expect them to contribute significantly more.
I don't believe creditors have a right to see your budget (although it can obviously be helpful for them to) but this is how I think a judge would look at things.
Obviously when your share of the regular household bills are paid your disposable income (As opposed to your partners disposable income) would be counted to go towards the debts.
Your partner *may* be happy to pay more towards the usual household expenses so you are able to pay more towards your debts but obviously that is up to you 2 and how much they are willing to put into your relationship.
df
edit: that's a good point made above about not getting joint accounts and linking yourselves financially. Whilst your partner would not take on responsiblity for debts not in her name it would still possibly damage her credit rating. It's best to keep seperate accounts and set up a standing order from one to the other whilst one person is dealing with debts (or each pay different bills from their own accounts).

ShirePiskie

As HappyMJ said, if/ when you live together, your outgoings will most likely change (hopefully reduce) so more for paying down debt and if you are in a DMP you will need to give them your new figures at your next review.

fedupandhurt

Many thanks to everybody for the responses my partner is working and i look after our child the only income i have which is in joint names is the tax credits and child benefit.

I have been waiting months now for cab to do a dro as i was on JSA before and my partner was not allowed to work in the uk how will this be affected now?

My partner rightly or wrongly is not very enthusiastic about contributing to debts which haven't been paid for a couple of years now and was accumulated whilst with my ex wife they are debts that are solely in my name.

Its all getting really stressful again and im not coping very well.

dancingfairy

It sounds like you need to find out where things are at with the DRO. You need to let them know your new circumstances and see whether you still qualify. I would have thought that they would just take your income into account and they would see you clearly have less than £50 a month left for debts so I don't see it being a problem (I'm not an expert though).
df
edit: there's a factsheet on DROs here: https://www.nationaldebtline.org/EW/factsheets/Pages/37%20EW%20Debt%20relief%20orders%20(DROs)/Page-08.aspx
Why not give them a ring to chat things through? You may be able to go through someone else other than the CAB if the CAB are causing issues, or maybe you just need to chase the Cab?
And no she is not liable for the debts. The only issue is whether you have £50 or more to service your debts and I don't think you do ( I don't even know whether they count benefits as income that can go towards debts, possibly not).

HappyMJ

fedupandhurt wrote: »

Many thanks to everybody for the responses my partner is working and i look after our child the only income i have which is in joint names is the tax credits and child benefit.

I have been waiting months now for cab to do a dro as i was on JSA before and my partner was not allowed to work in the uk how will this be affected now?

My partner rightly or wrongly is not very enthusiastic about contributing to debts which haven't been paid for a couple of years now and was accumulated whilst with my ex wife they are debts that are solely in my name.

Its all getting really stressful again and im not coping very well.

The child tax credit and child benefits are income but is offset by a corresponding entry in your SOA for additional expenses for the children such as extra groceries, clothing, education expenses etc...

You may have a share of the working tax credit income for yourself but then you have essential expenses of your own to pay a share of such as the gas/electricity/water and council tax. This should reduce your available income to commit to debts to nil.

Don't worry about her contributing/paying for them. You pay for them it's just how much you can contribute to the household that affects how much you pay towards your debts. They'll want to say all the expenses are covered by your partner and you have to fight your case and say no they aren't.

sourcrates

fedupandhurt wrote: »

Many thanks to everybody for the responses my partner is working and i look after our child the only income i have which is in joint names is the tax credits and child benefit.

I have been waiting months now for cab to do a dro as i was on JSA before and my partner was not allowed to work in the uk how will this be affected now?

My partner rightly or wrongly is not very enthusiastic about contributing to debts which haven't been paid for a couple of years now and was accumulated whilst with my ex wife they are debts that are solely in my name.

Its all getting really stressful again and im not coping very well.

Hi,
I assume you are living together correct ?


You both must contribute to household expenses, for example gas, electric, food etc.
Your new partner is nothing whatsoever to do with any debts accrued under your previous relationship.


The only way there will be any association is if the DCA asks to see any income/expenditure details, and your partners details are included.
But you are under no obligation to share these details with anyone, and especially not a DCA.

fedupandhurt

sourcrates wrote: »

Hi,
I assume you are living together correct ?


You both must contribute to household expenses, for example gas, electric, food etc.
Your new partner is nothing whatsoever to do with any debts accrued under your previous relationship.


The only way there will be any association is if the DCA asks to see any income/expenditure details, and your partners details are included.
But you are under no obligation to share these details with anyone, and especially not a DCA.

Yes that's correct we are living together she has just moved in.

Lensman_2

The above advice to combine her contribution to the bills contradicts all that I have read on submitting an SOA for DCA purposes.

The general concensus is to submit your expenses only.

Yes, your partner will contribute to the bills. But she will also raise your bills. On balance this works out and a SOA for you only is acceptable for negotiating repayment of your debts.

As this advice goes against the weight of advice on this thread (and some very knowledgeable posters) I will try to ask the National Debtline rep to look in.