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T O P I C    R E V I E W
introuble Posted - 27 May 2008 : 16:59:43
Hi All,

Not been on for a while as trying to get head around all of detail.

All the debts are in my name (except car) and I am trying to keep my wife out of the loop. We have a car which is in my wifes name, finance in her name so all fine there. No payment missed.

If it is just me declaring then could the OR look at the car and request that we dispose of it. We had a car which we part exed for a cheaper model to reduce the finance commitments. This basically halved out repayments from £250 to £110.00. I do not need the car for work but we have 3 kids and need it for school run, shopping etc. The value is £5000.00. I suppose the question is because I have obviously contributed to the repayments as the payments come from a joint account then could the OR do anything or demand we do anything with the car. Also could my wife be dragged into the BR?

Darren
2   L A T E S T    R E P L I E S    (Newest First)
JulianDonnelly Posted - 28 May 2008 : 11:51:24
Hi Darren,

If you are going BR with debts in your sole name, the fact that the car and finance is in your wife's sole name means that the OR can't touch it. Even though you are married, you have to be treated as two seperate legal entities.

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
m and v Posted - 27 May 2008 : 19:10:51
Hi Darren
When I went BR the OR didn't look into any of my husbands finances at all.
Does your wife have her own income?
When you fill in the SOA - can you deduct the payment for the car from your wifes income and put the balance as her contribution to the household?
There is a section on the form for you to fill in if you have access to someone elses car - this is the section I completed because I drive my husbands car (reg'd in his name, his insurance etc)

Vicki x

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