I am bankrupt and want to marry

[jinie]

Whilst i am bankrupt and get married can the state get money i owe off my new husband? I would say no as i am the one who owes the money before we met but i am not sure what happens??

[hc4361]

If you are living together whether married or not then the overall household income will be taken into account to work out whether you are asked to contribute into the bankruptcy on a monthly basis.

Your bankruptcy should not affect your partners' credit rating.


So his income will be taken in to account.

[ummmm]

Really hc? Surely if the debts are solely in her name then she's solely responsible. He didn't sign any agreements.

[hc4361]

He will not be responsible for her debts per se, but if her household income goes up because she is living with another person as her partner (married or not) her payments may be increased to reflect that.
So, if she currently pays very little because she has a low income and a home to run which she lives in alone and marries a man with a good job and high salary her household income will increase considerably.

[AKMild]

Quick answer: no.


hc, you refer to 'payments' in your posts, which make me think you might be referring to an Individual Voluntary Arrangement (IVA) rather than a bankruptcy. If the OP is already bankrupt then all her assets would vest in a trustee in bankruptcy on the date of her bankruptcy order. After-acquired assets, whether from new husband, would not.

I assume from the question that 'the state' is one of the OP's creditors, and I can think of no reason why any creditor should be able to tap the new husband for debts which aren't his.

If the OP is in an IVA then it would depend on the terms of that IVA whether creditors could expect higher or sooner payments should the debtor suddenly find herself better off. Sometimes an IVA will contain a 'windfall' clause whereby a debtor must declare any unexpected income and pay more to his or her creditors. But I wouldn't class getting married as a financial windfall unless it produced a regular income.

[maclarencat]

I think AKMild is wrong. When a person is made bankrupt they have to pay a percentage of their income to help clear the debts. I am sure that if the household income rises so will the repayments. I know that you have to inform if your wages increase .

[scotman]

Are you a personal or business bankrupt?

[themas]

The Official Receiver will have given you written information on your resonsibilities during your bankruptcy. One of these is to notify any increase in your income within (I think) 21 days of it occurring.

Getting married does not, of itself, increase your income. However, it might (depending on your living arrangements & what you agree with your husband about who pays for what) reduce the expenditure you put on your bankruptcy form, & thus increase your "surplus" income which is taken for the creditors. However, I am not sure whether such a decrease in expenditure has to be notified - I rather think it does not.

You need to look in detail at the written information about your responsibilities & make sure you comply with it. If it does not tell you to notify a reduction in expenditure then you needn't do so.

I'm not sure I agree that your husband's credit record will not be affected by the marriage. It is possible Credit Reference Agencies may bring together records for married couples unless they are notified that there is no financial link, so your husband may need to do this. Also, you must not have any joint financial affairs such as a joint bank account or mortgage.