Working after Bankruptcy, Can I charge my husband rent ?

Rosielo

Hi Everyone, 

I am hoping someone might know the answer to this please. 
My Husband was made Bankrupt in February this year. (We lost our pub due to covid). He has been offered work but obviously he wants to keep his income below the threshold that will force him to pay surplus income for several years to come. 

My mortgage is only £300 a month (interest only) my question is Can I charge him market value rent for living with me like I would if I took in a lodger to help with my bills ?  We are looking at this because it would enable him to earn more money which we need as I can not earn enough myself to support him .

I am also one of his creditors as I took out loans to lend to him for the business which he was repaying monthly until he lost the business therefore I am now having to repay them to stop myself from losing our home. 

Any advice would be really appreciated. 
TIA

[Deleted User]

Rosielo said:

Hi Everyone, 

I am hoping someone might know the answer to this please. 
My Husband was made Bankrupt in February this year. (We lost our pub due to covid). He has been offered work but obviously he wants to keep his income below the threshold that will force him to pay surplus income for several years to come. 

My mortgage is only £300 a month (interest only) my question is Can I charge him market value rent for living with me like I would if I took in a lodger to help with my bills ?  We are looking at this because it would enable him to earn more money which we need as I can not earn enough myself to support him .

I am also one of his creditors as I took out loans to lend to him for the business which he was repaying monthly until he lost the business therefore I am now having to repay them to stop myself from losing our home. 

Any advice would be really appreciated. 
TIA

What is the going rate for a place in the marital bed? No, you can’t charge your husband rent. He isn’t a lodger, he’s your husband. 

Minkym00

No you can’t. But pop up your statement of affairs as there may be wiggle room to avoid an IPA.

ratrace

Poor Bloke lost his business due to a pandemic and as a result had to declare bankruptcy, and now is being asked by his roommate wife to pay rent, for her house ("My mortgage is only £300 a month")

for richer or poorer

he best get a dog and live in his car it would be cheaper lol

GeordieGeorge

Rosielo said:

Hi Everyone, 

I am hoping someone might know the answer to this please. 
My Husband was made Bankrupt in February this year. (We lost our pub due to covid). He has been offered work but obviously he wants to keep his income below the threshold that will force him to pay surplus income for several years to come. 

Why would he want to do that? Wouldn’t it be worthwhile as it’ll allow him to make good on more of his debts?

tealady

It would be considered a "contrived tenancy (for housing benefit purposes, dont know about bankruptcy). However if either of you want to risk being charged with fraud then go ahead.

Minkym00

It’s not fraud. It just wouldn’t be classed as a reasonable expense.

fatbelly

He can make reasonable contributions to household expenses. I can't think of anything else to say.

Sonic101

One question that springs to mind is, if he was made bankrupt in February, I assume he will have already had his income and expenditure assessed already - if he hasn’t moved house but all of a sudden his rent contributions increase dramatically, the OR will smell a rat. ‘Hey, my wife has suddenly started charging me market-value rent’.  

Unless he’s done something wrong he’s only got another seven months until discharge and he’s home and dry.

flipflopflo

If he starts working then he goes back to the OR and says so and that he now needs to pay his way in the household, which the OR would expect him to do. 

If you are earning then you work out what is fair by percentages. If you both earn approximately the same then you pay 50/50 and work it out up or down by that. 

If you don’t want to reveal your income to the OR then they would automatically go to 50/50. 

If you want to pop up the SOA then there will be some help to sort it out for you. Take into account that his clothing budget may have to increase slightly if he’s working. Also petrol and car costs for getting to work. Will he also need to add anything like union fees or professional costs?

GeordieGeorge

If rent’s a non-starter are there any other services you provide to him in the course of your marriage? Cooking, cleaning, bearing his children, that sort of thing?