Husbands income

KEHxxx

Hi I am looking for some advice before I make myself bankrupt. Do I HAVE to legally disclose my husbands income if I am the only one going bankrupt or can I ask the OR to assume I pay 50% of the bills which I do? My husband doesn't want me to give details of his income which is much higher than mine as it will mean he would then have to pay a higher percent of the household bills when we have always split it 50/50 as I chose to work part time to be able to take children to and from school. Can the OR check his back accounts etc? This is going to cause some issues between us and we are already really just living together for the children but in the same house.

I am so worried about this whole process.

TheGardener

No, your husband is under no legal obligation whatsoever to give details of his income to you or the OR. The OR will then have no alternative but to go with 50/50. No, the OR can not scrutinise his bank accounts.

KEHxxx

Thank you for replying, I am just a bit worried - is this for def? How would I will out my living expenses in this case? Would I just put 50% of bills or all and show no income for my husband and the OR will then just assume 50/50

silvercar

Going forward you need to look at this issue. He earns more, you work part time to provide greater childcare, yet you split the bills 50/50. That is why you have debt issues.

There are threads in other parts of the forum discussing whether a 50/50 split is appropriate when earnings differ. I would suggest that adding part time working and childcare into the equation gives even less justification for a 50/50 split.

Relevant thread:

https://forums.moneysavingexpert.com/discussion/5998974/money-moral-dilemma-should-my-husband-pay-more-towards-bills-while-im-on-maternity-leave

TheGardener

KEHxxx wrote: »

Thank you for replying, I am just a bit worried - is this for def? How would I will out my living expenses in this case? Would I just put 50% of bills or all and show no income for my husband and the OR will then just assume 50/50

No-one can order your husband to declare his income in BR unless the OR suspects fraud. Just tell the OR there is marital friction and you don't know his income anyway.

List your income and expenditure on the SOA.

KEHxxx

The issue is not relating to splitting the bills 50/50 and this is not what caused the debt in the first place. I feel it is only fair to split 50/50 as we are both adults. My question is do i jave to declare his earnings to the OR as I don't know his actual salary either.

TheGardener

KEHxxx wrote: »

The issue is not relating to splitting the bills 50/50 and this is not what caused the debt in the first place. I feel it is only fair to split 50/50 as we are both adults. My question is do i jave to declare his earnings to the OR as I don't know his actual salary either.

How you chose to split your domestic expenditure is your business The OR will expect 50/50 if there is no detail about your husbands income. If the OR suspects there are hidden assets or that your husband is hiding assets that are yours then they can make life difficult but otherwise there is no legal reason the OR can make you disclose your husbands income.

enthusiasticsaver

No the OR has no right to see or assume your husband will pay all the bills. I would also question whether this split is why you incurred debt in the first place as well though. I worked part time for many years so my wage was much less than my husband. The part time work was so I could collect OUR children and saved on after and pre school care and less childcare costs during the school holidays. Working part time means not only less salary but lower pension arrangements etc etc but luckily my husband appreciated I was willing to sacrifice my career for some years to do a larger share of child care arrangements so all our income and bills were joint.

Regardless of whether you and your husband are adults presumably working part time is to do a larger share of childcare for what I assume are both of your children? Splitting the bills 50/50 when the income is markedly different is fundamentally unfair.

Potbellypig

TheGardener wrote: »

How you chose to split your domestic expenditure is your business The OR will expect 50/50 if there is no detail about your husbands income. If the OR suspects there are hidden assets or that your husband is hiding assets that are yours then they can make life difficult but otherwise there is no legal reason the OR can make you disclose your husbands income.

OP - I'd just bear this in mind if you're going with the ''my husband doesn't want to declare his income'' line. Now I'm not saying you're lying, but there's plenty of people who come for advice on these forums that have a hidden agenda. If you do have something to hide, it could get a lot more stressful in the long run.

Good luck.

Minkym00

As others have said, no you don’t have to give details of his income. The only issue where you may come unstuck though is if your income doesn’t cover 50% of the bill. However if there is a shortfall your OR can just ask your husband for a statement to say that he will cover the deficit.

onwards&upwards

KEHxxx wrote: »

Hi I am looking for some advice before I make myself bankrupt. Do I HAVE to legally disclose my husbands income if I am the only one going bankrupt or can I ask the OR to assume I pay 50% of the bills which I do? My husband doesn't want me to give details of his income which is much higher than mine as it will mean he would then have to pay a higher percent of the household bills when we have always split it 50/50 as I chose to work part time to be able to take children to and from school. Can the OR check his back accounts etc? This is going to cause some issues between us and we are already really just living together for the children but in the same house.

I am so worried about this whole process.

Are they only your children and not his?