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| pinkshopper |
Posted - 21 January 2009 : 12:38:19
Hi all,
I'm considering bankruptcy as an option to get out of this debt cycle that I've been living for the past years. I've been living in the UK for the past 10 years but I'm still holding a EU passport. Do that qualify me to declare myself bankrupt? All my debts are accumulated in the UK i.e. bank loans and credit cards etc.
Also,I'm married but all my debts are solely mine and in my name only, do I still have to declare my husband's wage on all the forms? We're living in army quarters but he also own a house which he is struggling to sell. Would that house be taken into account with my bankruptcy? The house are solely in his name only.
I also have no household bills under my name as my husband take care of them but I pay him £250 every month to contribute as rent and other bills, will that counted as 'rent' on the SOA forms?
That said, I have no assets at all and it make sense to declare myself bankrupt so long it does not affect my husband at all (as he is in a high rank position with the armed forces)
I really hope someone can answer my questions or give me any tips, I'll try the helpline listed here later on as well. But having been to my local CAB, they're absoultely of no help..turns out after researhing on the net, I'm more knowledgeble than the advisor I've seen. She said I was 'too switch on' to declare myself bankrupt, Yes, I've a good job and education but I'm still living with negative every month!
Any help will be much appreciated.
Pinkshopper |
| 5 L A T E S T R E P L I E S (Newest First) |
| JulianDonnelly |
Posted - 22 January 2009 : 16:20:31
Hi Pinkshopper,
Correct. Q 6.7 does specifically say "contribute", so ensure the total expenditure is listed.
You will only have to list assets that are in your name (either solely or jointly held) on your SOA.
Hope this helps!
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
| pinkshopper |
Posted - 22 January 2009 : 15:20:43
Thx once again!
I understand a bit more now. I'll definitely ask him to do that. So, when I'm filling out the Partner's income column, I'll just include his total contributions to rent and bills,right? and how about when it gets down to the amount of the bills, e.g. gas,phones etc, should I then included that whole amount we pay per month then?
Since we're living in the army quarters, I assume it's ok to put it as the 'rent' column,right? Just a note,my name won't be on any bills or receipt since I'm only paying my husband a set amount towards them via standing order every month, will that be okay? I can proof that from my bank statement for that.
With regard to Assets, should I leave that blank or do I have to included that house my husband owns (is currently for rental)? Again, that is only in his name.
Is never a straight forward situation,right? I'm glad that I find this forum, it really helping me lots! Thx again.
Pinkshopper  |
| JulianDonnelly |
Posted - 22 January 2009 : 10:36:51
Hi Pinkshopper,
When you present your SOA to the court, you have to swear an affadavit to say the information is correct. Providing wrong or misleading information would be classed as perjury which is a criminal offence.
In order to minimise the impact on your husband, you can file a Notice of Disassociation with the credit reference agencies.
Bear in mind that the SOA only asks for your spouse's contribution to the household, not the total income.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
| pinkshopper |
Posted - 22 January 2009 : 10:27:50
Thanks a lot, Julian!
I'm glad now that at least I'm can declare myself bankrupt in the UK (how wierd is that?!)
Anyway, I really don't want to drag my husband is this mess, because we've only married for 1 year and that is an overseas wedding. Nothing really in the UK is registered us as married officially. i.e. all legal documents are still under my maiden name and status as single, do you think I can do this alone and say I'm single and not related to him?
Because he earns quite a lot and if shown on paper, it will not convice that we are in that much of a trouble. Some might suggest him to pay/contribute towards my debts since we're now married, but I don't think its fair to him since he already covers most of the household bills for me. Because I have absoultely no assets, it made sense to declare myself bankrupt and have a fresh start.
So, my question is how can the court find out we're married considered the marriage is held abroad?
Any help on this will be much appreciated!
Thanks,
Pinkshopper |
| JulianDonnelly |
Posted - 21 January 2009 : 14:55:23
Hi Pinkshopper and welcome to the forum.
To answer your questions ....
1. Yes, you can go BR in the UK.
2. You only have to declare your husband's CONTRIBUTION to the household, not his total income.
3. Property in BR is viewed similarly as in a divorce. Depending on how long you've been married, the OR may argue you have acquired a matrimonial interest in the property.
4. It is best practice to complete the SOA as if you are paying all the bills, with a top-up by way of your husband's contribution.
Hope this helps!
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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