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Partner's bankruptcy affecting my income after all?

7 replies

buzzpopprince · 26/10/2018 13:18

My partner has applied to go bankrupt. We have just had the official receiver interview and I am really upset to find that the OR will take my income into account when determining how much 'household income surplus' we have between us.
It has take me a really long time to work up to the income I earn now after years of struggling as a single parent (prior to this new relationship with him) , everything I read on here and other places said that they would only look at my partners income and that I would not be liable for his historical debts... but the fact is that I am, Because they will aportion part of my income into the surplus 'household' income and then that will have to go to his creditors, I am so so upset. Worse still, they will assess what we put on their as to whether it is 'reasonable' ad that makes me so angry because I earn my own money and if I want to spend £x on clothing or food then I will and I shouldn't have to be assessed as to whether that is appropriate...
We have been together under two years and moved in together in April of this year.. we are not married...we are on a tenancy agreement together, though only because the agents insisted his name was on their too and said it had to be legally.

I cannot believe that this is happening and I will end up paying for some of these debts....I have never been able to afford to save for a house, and have recently started doing this after years of hard work, and now it seems I won't be able to do that ... how can this be fair? If I had thought this would be the case I would have waited to move in with him
Does anyone have experience of this, and may be able to advise?

OP posts:
Disfordarkchocolate · 26/10/2018 13:20

Have a look on the MSE website, they will be able to give you excellent advice on what can and will happen.

Viviennemary · 26/10/2018 14:53

There is quite a good clear article on this on the citizens Advice Bureau's website. Bankruptcy - partners liability. You aren't liable for any debts your partner has taken on unless they are joint ones. That's what it says. The only thing I can think is that his creditors have decided how much he can afford to pay back from his own money/income taking into account his personal circumstances which takes into account the household income. Make an appointment with your local CAB as you need to get clear advice on this.

HollywoodMontrose · 26/10/2018 18:21

As far as I was aware they don't take your income into account as such, but if you live together they will assume he only pays half the rent and bills. If he pays them all and you save then you will, by default I suppose, be paying indirectly towards his debts. I believe there are upper limits to how much he can apportion to each category (groceries for example) so if as a couple you spend more on this then, again, you will be making up the difference. Since they write off the majority of his debt they need to make sure they are getting as much from his available income as possible.

flirtygirl · 26/10/2018 21:49

I'd separate even if only on paper. Let them only take his income into consideration but I would also keep everything separate as what lead to his bankruptcy.. This would worry me.

buzzpopprince · 27/10/2018 12:47

Thank you for your help
I rung CAB and they passed me to Debtline, and then tried to get through but no joy yet. Will keep trying.
I pay 2/3 of household rent bills and food and he pays 1/3.
All our other income is separate, we don't have anything joint, no accounts, no joint surplus...largely because I wasn't going to tie myself to him financially with his historical debts until he sorted it all out, and we are not married, only been living together 6 months so a fairly new relationship really, and definitely not at the point where we sharing income.
I will be refusing to let them take any of my income...beyond what I contribute to the household currently, no idea how that will go.
I am trying to get legal advice also

OP posts:
Girlicorne · 28/10/2018 21:06

My understanding, having been through this earlier in the year (my BR not dh's) is that they take his income then look at what he pays towards rent and bills then they take HIS surplus, not yours. They are not your debts and you should not have to live on a bankruptcy budget. The only reason they want to know what you earn is to make sure the rent and bills are split fairly, for example if you both make 2k a month but he claims to pay everything to avoid a surplus they would query that.....your surplus income is yours so try not to worry.

buzzpopprince · 28/10/2018 23:18

Thank you, I appreciate you sending that and is a relief

OP posts:
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