Request Call

Speak to a specialist adviser today
for a no-obligation chat.
First Name
Last Name
Phone Number
Are You Curently Bankrupt

Latest Headlines

Need quick advice?

Ask an expert now and get an answer within the hour. Easy and FREE

Searching for information?

Visit our FREE archives and find the answer to thousands of questions.

Tuesday, 18 January 2011 08:11

What Happens If My Partner Goes Bankrupt?

Written by  Jon
Rate this item
(1 Vote)
My partner is about to go bankrupt, what will happen to me, how does their bankruptcy affect me?

Answer:  How a partner or spouse's bankruptcy will affect you depends on a few factors, such as do you have debts together, property together, etc.


It could be their bankruptcy does not ffect you at all, or that you share debts and if one person goes bankrupt, then the debt becomes the full responsibility of the other person.


This article from our web site will explain this in more detail:



How Does My Bankruptcy Affect My Spouse Or Partner?

This has to be one of the more popular questions I get asked when people are researching or thinking they may need to bankrupt.

And it is a very valid question as well, this in part due to the many myths that still surround being insolvent, going bankrupt and have a spouse or partner.

Some people believe that is their partner or spouse goes bankrupt they are bankrupt as well, or they will be responsible for their partner’s debts, or they will be required to pay into their spouse’s bankruptcy; all of which is not necessarily true and in some instances, not true at all.

A simple rule to know in this situation is that if you and your spouse/partner have no joint debts or assets together, then their bankruptcy does not directly affect you.

Of course you will note I wrote, not directly affect you.

I say/write this as while you are not a part of their bankruptcy, it is difficult for someone so close to you to go through something like bankruptcy, and it not to have some effect on the household or yourself.

If you do have joint debts together and one person goes bankrupt, then the other person becomes responsible for the entire amount of the debt.

That is why in many situations if one person goes bankrupt and they have joint debts with their partner, the partner may need to go bankrupt as well, that is if they cannot service the  debts.

So many times we hear of partners and spouses splitting up and one taking on all the debt, even though the debts may be in both names.

Then later when the one who took on the debt can no longer afford it goes bankrupt, the other partner or ex, is saddled with the debts and cannot understand why.

Let’s look at a couple of scenarios that may occur in a relationship if one of the partners/spouses were to go bankrupt:

Joint Debts: This has pretty much been explained above; if you have joint debts and one person goes bankrupt, the other person on the debt(s) becomes responsible for the entire amount of the debt.

Property Together:  If you own property together and the debts are not in both names, just the property is, this can be broken down into two (2) sub-categories, if there is equity in the property and if there is no equity in the property.

If there is no equity, then it is possible the Receiver or Trustee in the bankruptcy to allow the non-bankrupt owner of the property to buy-out the Trustee’s interest in the property under a low-cost buy-out scheme.  Meaning for a small fee the non-bankrupt person buys the interest in the house.

This preserves the property and all is well.
One other option that could occur here is that there is no equity and the Receiver decides to place a charge on the property.  
This charge then stands for three (3) years on the property to see if any equity rises in the property.  

This is a difficult option to have to deal with as it leaves the property in a sort of limbo state and you really will not know the outcome until the end of the three years.

If there is equity in the property, then the person going bankrupt’s portion of any equity can be wanted for the bankruptcy.

For example, if there is 20K of equity, then 10K, or half, may be wanted to be paid into the bankruptcy.  This can be done in a few ways, but the two ways that are usually used is to either sell the property to realise the equity, or the non-bankrupt partner, can pay this amount to the Trustee and preserve the property.

So yes, in a worst-case scenario, the Trustee could force the sale of the property, which would have an effect on the non-bankrupt spouse/partner.

Living Together And Renting: If you have recently decided to live together and one of you is going bankrupt, and you have no joint debts and rent, then the only way the bankruptcy would have an impact on the non-bankrupt person is that the Receiver may want to know their wages.  They may want to see wage slips and know how much the non-bankrupt person earns and contributes to the household bills.

This is for the Receiver to get an accurate picture of who pays what day-to-day bills and to see if then the person going bankrupt may have a surplus of income that can be used to pay into the bankruptcy.

This does not affect the non-bankrupt’s credit in anyway, nor does it mean they will pay into the bankruptcy.  It is just for the receiver to know who pays what bills.

Living Together In One Person’s House:  OK, this is or can be the tricky one.

You both have been living together, either married or not, in one person’s property that they own, and it is in just their name and they pay the mortgage.

If this is the person going bankrupt, then it will be an issue as the property will be viewed as an asset and could be wanted for the bankruptcy.

If the property belongs to the person who is NOT going bankrupt, then in the bankruptcy, the Receiver/Trustee may try to establish that the person going bankrupt has a beneficial interest in the property, even though the property is not in their name.

The longer the couple have lived together, the more this can be an issue.

Proving there is a beneficial interest in a property can be difficult, but so can proving there is not an interest.

If one partner can prove/document that they have paid all mortgage payments, council taxes, upkeep, maintenance, etc on the property, then there would not be any beneficial interest.

As you can see, this is a tricky area and one that can and does cause a bit of a problem.

Looking To Live Together After One Person Goes Bankrupt: If one of the partners has gone bankrupt prior to them living together, and they have no joint debts, then the only area that may come into play is the updating of the change to the Receiver.

The person who has gone bankrupt is obligated to update the Receiver in the bankruptcy of this change.

At this time the Receiver may wish to re-visit the income and expenditure form to see who pays what bills, and also view the non-bankrupt person’s wages, this to see if the person who is bankrupt then has any surplus income to pay into the bankruptcy.

This is by no means to try and cover every situation or scenario that can occur in a relationship if one person is to go bankrupt, but hopefully will give you some insight into what may occur.






Comments (0)Add Comment

Write comment
You must be logged in to post a comment. Please register if you do not have an account yet.


Insolvency calculator

Find out the best debt solution for you with our simple calculator:

Total Debt:


No of creditors:


Monthly income:


Monthly expenses:


Own home?

Yes No

Recent Activity

anzilawils Ultimate Muscle Black Edition is an effective muscle building supplement which helps in providing you a healthy and fit body. Its natural ingredients also serves to the purpose of your weight-loss. Its natural and safe!
1 day ago

Our Services

If you have a serious debt problem, bankruptcy can free you from your debts within 12 months. As a solution for dealing with serious debt, bankruptcy is a last resort. Other debt solutions need to be explored first, to help determine if bankruptcy is the right debt solution for you.


Your financial affairs are put into the hands of an Official Receiver or Trustee, who will control all your assets - and if you own a property, this will also be included. These will be sold and the money used to pay as much as possible to your creditors.


There are consequences to bankruptcy which will affect your finances and work life. You may struggle to borrow money, for example, and will not be able to apply for certain jobs.


For some, bankruptcy is the right option and will put an end to pressure from creditors. Our team of experts are on hand to advise on the best solution to your debt problems - call now on 0800 002 9951.


Latest Posts

More Topics »

Browse Categories

para que se usa el medicamento motilium buy prescription drugs online no prescription speman medication online acheter levitra en ligne next day viagra delivery usa hydrochlorothiazide buy uk prometrium capsules as suppositories where to buy prozac uk cheap digoxin free delivery estrace dosage made how long does female viagra take to work malegra dxt perth australia order dostinex on line canada buspar without prescription pills how to get a rx for propecia diovan to buy in the usa without a prescription buy retino a cream 0 025 paypal how to import zyprexa there generic zyprexa zenegra spain over counter 33 drugs coupon code buy cafergot online pharmacy over the counter ortho tri-cyclen buy accutane with isotretinoin 10mg prescription carafate patient does doxycycline have a shelf life rhinocort cost in canada order celebrex rx colchicine cost without insurance buy urispas capsules buspar canada no prescription how to take amoxicillin 500 baclofen cost in india celexa tablets buy best mexican pharmacies approved buy finax 20 9-cell 100 whr lithium-ion battery buy metformin online in usa benadryl tablets ordering alli weight loss lantus vs levemir celebrex generico online prescription glucotrol xl alli trippy surgery generic zanaflex no prescription paroxetine online canadian reviews on calan what is the side effects of seroquel generic celexa buy canada cipro canada head office cardizem online uk order alliance pharmacy best water pills for weight loss at gnc zithromax z-pack pregnancy category what is pamelor for risperdal prescriptions generic seroquel for sale on line amoxil delivery uk purchase keppra benicar medicine blood pressure isoniazid competitive inhibition plendil side effects zoloft canada price hydrocortisone boots buy propranolol inderal online vasodilan daily use reviews regenon 60 mg prospect suppliers of singulair in us generic zyrtec for children indocin pharmacies free coupon for doxycycline accutane reviews isotretinoin does nexium have a generic equivalent triamcinolone cream uk viagra rezeptfrei bestellen generic viagra legal us permethrin boots chemist adcock ingram ponstel s can you buy zestril discount cod generic abilify uk paypal success rate of clomid for women with pcos nitroglycerin pill shortage zyrtec coupons printable 2011 amantadine mechanism of action animation celebrex dosage for arthritis 800 mg motrin over counter buy nexium boots research grade apcalis sx how to order tretinoin 0,025 online allegra over the counter dosage prescription pharmacie paris lariam pas cher albuterol sulfate inhalation solution steroid risperdal tablets price blue pillar candles combivent price pariet for sale philippines furosemide manufacturers in india free coupon for flomax is it legal to sell prescription drugs online mambo number 5 lyrics sing365 ranitidine next day shipping atorlip-5 where can i buy it lipothin non perscription countries is cipro sold over the counter how should cardura tablets be stored generic prometrium buy canada discount canadian pharmacy caverta trental rxlist cialis super active drug class elocon cream price australia legal buy zithromax online canada best drugstore mineral powder 2012 allopurinol medication used doctor mercury drugstore official website us pharmacy online isoptin flagyl no prescription overnight delivery buying innopran xl cost of aspirin 2012 buy prednisone in singapore 100 mg alphagan order cialis overnight amantadine usa cvs prices online forum pharmacy generic claritin accutane overnight without script cialis 5 mg precio argentina what is gabapentin used to treat ic azithromycin 250 mg alcohol dutas prices cvs buy furosemide with visa help with plavix prescription buy phenergan with codeine online can you buy revatio need canadian american blopress brand cialis soft for sale what is metoclopramide made of tadacip roche precio argentina endep for nerve pain i pill clozaril website finder list of canadian medications accutane iron tablets skelaxin by mail where to buy dostinex without a prescription can you buy atacand different pharmacy lariam costco dosage of amitriptyline for cats what is tetracycline cream used for is generic zyloprim effective cialis pills for sale uk online drug walmart pharmacy camino canada licensed pharmacy cozaar flovent over the couter ginseng prices what is valacyclovir hcl used to treat brand name penegra online mail order pharmacy jobs florida reviews on rogaine 5 geriforte syrup online sale of antivert kamagra gold no prescription reviews levofloxacin dose pneumonia actoplus met mail order india cheapest lukol viagra professional wanted online review most common side effects of cymbalta buy furosemide hong kong voltaren online from uk trandate order by phone can you buy methotrexate over the counter in germany minocin drug schedule side effects of naproxen beat way to order wellbutrin buy cipro tablets uk furosemide 100mg tablet yasmin women buy where to buy toradol drugs online didronel pas cher pills marked m365 atacand tablets from buy metformin long term complications cephalexin no script diovan where to buy in canada no prescription buy levothroid cheap what drug is used as a rescue from toxicity of methotrexate urispas shop net pill rx health atorlip-10 products order cipro 500mg triamterene 37.5 mg promethazine max daily dose bupron sr no rx buy evista tablets online buy levaquin online cod legal buy antibiotics online uk pharmacies can you get famvir discount atrovent como comprar orlistat em miami buy arjuna lowest price wellbutrin sr starting dose chain pharmacy stores in canada venlor 40 mg pharmacy prozac orders cost comparison of viagra levitra and cialis buy abana with drugs pharmacy generic pills for tegretol rxlist xanax azathioprine spc where to buy plavix mg januvia refills ultra low dose femara order dipyridamole tablets med cab viagra super active online pharmacy no prescription overnight delivery can you buy flovent online opportunity can i take viagra after eating is it safe to order liposafe viagra seeing blue ovulation calculator after taking clomid buy minipress no prescription fast delivery medrol dose pack safe during pregnancy where to buy pure hyaluronic acid cheap amantadine buy online how much will mentat ds syrup cost purchase skelaxin online buy levothroid online thru paypals diarex usa sale buy prednisolone cheap is lisinopril made from snake venom pyridium low cost canadian pharmacy alli rx best price celebrex dapoxetine#md online chloramphenicol india seroquel 100mg cost can you take hydrea daily glyburide dosage instructions generic avandamet us atacand pill canadian over the counter cardura buy probalan online usa best site to buy zithromax proscar cost without insurance drug market order cordarone buy midamor pills online terbinafine 250mg tablets and alcohol cheap levitra professional uk levitra 10mg picture average cost of sinemet levaquin 250 mg tablets can you take abana daily prograf prices at costco compare prices duetact buy viagra plus visa accutane 20 mg 6 months donde puedo comprar baclofen is it legal to buy viagra on line order tretinin without prescription how to get cialis jelly cheapest chloroquine tablets uk chinese herbal medicine lower back pain buy alligator gar uk canadian neurontin gabapentin side effects gabapentin buy online buy propecia low cheap price rogaine 5 foam price ordering alavert prilosec online forum buy cipro pills in the us levlen pharmacy coupons mycelex-g prices usa topical thyroid medication for cats valtrex capsules craigslist apt/housing for rent in londonderry nh generic trandate usa zovirax over counter equivalent carafate online in usa buy sports enhancement drugs orderviagrawithprepaiddebitcard what is the normal dosage for synthroid side effects of zestoretic generic skelaxin on line research grade penegra propranolol dose for anxiety minocycline dosage for acne treatment american express canada travel medical insurance merck propecia post cycle therapy keppra can you buy elavil online shallaki over counter buy paroxetine greece yasmin birth control online canada mail order reglan side effects of proventil albuterol reviews on singulair altace medication ramipril comprar seroflo en argentina vente de betapace au quebec what are the best weight loss pills at gnc cheap viagra cialis uk phone in order for singulair over the counter amaryl online cod how much does mebendazole cost ventolin inhaler side effects babies canadian healthcare internet drugstore what is cephalexin oral suspension used for pharmacy direct australia keflex online overnight does sarafem cause weight gain how much does premarin cost without insurance viagra plus drug class tegretol retard 200mg pharmacy mexico lexapro carbozyne dosage instructions lasix online bestellen ohne rezept when will there be a generic form of lipitor available cialis professional cheap canada pharmacy can aygestin cause weight gain viagra in dubai pharmacy side effects using cytotec medical abortion sominex generic cheap costs generic name for coreg cr online lasuna purchase tetracycline shortage in u.s what does effexor xr do cheapest cefixime paypal buy imitrex astrailia crestor canadian source reviews on levothroid levitra cost at target esomeprazole magnesium trihydrate spc buy bupron sr in singapore prednisone no script online cleocin gel purchase tetracycline coupons lipitor drugs information where can i buy voltaren gel in canada doxycycline buy india where can i buy neo medrol in the uk toradol epocrates online zovirax 200 mg tablets does neurontin cause weight gain or weight loss generic capoten cost minocin drugs for sale citalopram without prescription medication buy aciclovir cream what is revia drugs how long to take premarin cream clear american pom blue acai buy generic doxycycline online with prescription metformin and clomid success stories tadacip no prescription how to take benzac clomid calculator period flagyl 500 mg no prescription how is cialis different than viagra buying adalat in manchester amitriptyline over the counter uk overnight shop cialis online lexapro dosage increase forum buy kamagra chewable online amazon stromectol uses medication buy valtrex pills online what is prednisolone tablets used for desyrel without a script discount can order zerit online what is tadacip drugs can you only get stromectol on prescription cytotec medicine pharmacy that sells luvox brand cialis online overnight does walmart carry generic lipitor how can i buy warfarin with no prescription generic levaquin in usa differin express canada sildenafil citrate 100mg canadian alesse tablet luvox purchase in canada no prescription how much is propecia tablets himalaya pilex tablets review generic claritin walmart betapace uk buy dramamine no prescription canada diclofenac medication dosage midamor no prescription compare prices phone in order for v-gel took accutane now acne is back buy live chickens finpecia discount price finasteride xeloda drug store online can you buy aldactone prescription depakote cost without insurance mebendazole or albendazole walgreens reviews on acai berry cleanse 14 day best place to buy flomax buy caverta online usa sertraline hcl patient reviews diclofenac buy no prescription cytotec misoprostol oral discounts on viagra pills best pharmacy to order lithium generic zaditor in usa yasmin drug in uk pharmacy generic uk paypal imuran get lasix las vegas buy contacts without a doctor;s prescription apartments to buy liverpool zyvox 600 mg best price online pharmacy buy rhinocort aqua online claritin in the uk order pyridium stromectol shelf life lowest priced apcalis sx estrace on the internet irbesartan spc emc adderall generic pill identifier what is the best drugstore face powder revia to buy from europe tadacip uses medication is it safe to order levitra professional carafate suspension uk lithium 100mg buy zyban dosage twice a day imitrex wanted online review cheapest place to buy alli sam;s zanaflex vs baclofen american ginseng tea bags order antibiotics no prescription canada tablet for long time sex in india generic propecia websites can you buy prescription cheap arjuna how to take femara for gyno do you need rx bupropion esomeprazole magnesium 40 mg cap where can i buy xanax discount nexium coupon atenolol spc emc lisinopril in italia is generic triamterene available in usa doxazosin to buy in australia is there an over the counter inhaler for asthma where to buy siberian ginseng prednisolone 40mg side effects differin buy online us para que se usa el decadron inyectable prescription paroxetine non prescription eurax 100 mg grifulvin v januvia lawsuit class action generic endep in usa terbutaline dose for cats health canada parlodel pletal sublingual dosage lisinopril medicine for blood pressure female viagra great dramamine overseas how much is biaxin tablets kamagra cheap australia pharmacy canadian florinef tablet can you buy drugstore zovirax ointment walmart pharmacy wellbutrin lanoxin generic 2013 drugs what does maxalt do to you is generic minomycin available in usa how to take maxalt orally disintegrating tablets mail order luvox online mircette weight gain discount canadian pharmacy suprax acai overnight shipping cheap american wellbutrin sr beat way to order finax accutane medication assistance sinequan tablets uses liv ex fine wine power 100 generic ceftin india can order fml forte canada pioglitazone dosage forms is there an over the counter equivalent to flonase nitrofurantoin 50mg tablets can i order cipro no prescription in the usa mexico pharmacies online that sell combivent alesse for daily use canada walmart pharmacy cheap drugs what types of urispas are there how to use geriforte syrup where can i purchase cialis sublingual celebrex drugs forum where to buy amitriptyline mg zofran morning sickness dosage cost of ciplox without insurance free or low cost benicar glucotrol xl sold over counter cheap buy kamagra online aldactone for acne men lansoprazole 30 mg price penicillin from canada no prescription buying vasotec from canada no prescription generic fincar uk paypal blood pressure medicine diltiazem get lexapro toronto where do i colchicine in india birth control pills tenormin legal buy prescription drugs online india ranitidine medicine used paxil online store buyers of levlen canada what does luvox help with cardizem generic name cipro coupons is there a generic version of celebrex buying diabecon in manchester phenergan 100 kamagra 100mg zestril shortage ordering aciphex medication rabeprazole alli dosage information cheap antivert online prescription buy motilium without a rx discount lopressor free samples of cialis by mail best online pharmacy canada no prescription where is levitra manufacturer can i get pregnant while taking tamoxifen patient reviews on synthroid onde comprar wellbutrin order caverta online in usa effexor xr with no rx aqua card internet banking gazeta kosovarja 2008 where can i buy proscar without a prescription order doxycycline hyclate 100mg order ashwagandha tablets non prescription lasix pharmacy como conseguir viagra sin receta en mexico kamagra soft costco diltiazem uk brand name benicar hct from canada aceon western australia kamagra gold medication order cheap zyrtec australia big sky pharmacy miles city mt billig lamictal online kaufen is it illegal to buy prescription drugs online canada how long for allopurinol to take effect half price rogaine 5 can you buy valtrex prescription canadian buy alligators all around prescription drugs list of tesco stores selling hyzaar adalat sony tv online desi tashan protonix free shipping buy benadryl usa cheapest seroflo viagra super force uk most reliable place to buy kamagra oral jelly online farmacia line comprar brand levitra zyprexa relprevv patent expiry is norvasc legal in uk prescription effects amoxil online buy cheap floxin kamagra compare prices viagra 800mg zovirax uk price can you get capoten very cheap clozaril acheter viagra montreal much does medrol dose pack cost walmart buy emsam from india tegretol vs generic best online pharmacy generic cephalexin what is generic viagra legal is promethazine sold over the counter cozaar without script cheap rx frames flagyl tablets buy benicar sales 2009 pharma discount canadian pharmacy plavix buyers of suhagra canada antabuse fda approved to buy without prescription long time side effects xenical proscar order comprar acivir pills original en madrid comprar l-tryptophan portugal terramycin ointment free shipping tretinoin gel online no prescription side effects of haldol haloperidol cost of cipro hc otic what does rocaltrol best price for real vpxl american remeron bactrim tablets from buy american levlen eurax sold over counter cheap leukeran no prescription buy generic lisinopril online no prescription topamax dose for migraines zyprexa online coupon code over the counter version of hydrochlorothiazide bupropion weight gain side effects topamax withdrawal diclofenac gel capsules nizoral pills drugstore buy albendazole paypal accepted prilosec over counter vs prescription where to get yagara buy alphagan online cheap order viagra now cialis over the counter option to cymbalta serophene ovulation day actonel without prescription miami metoclopramide side effects anxiety seroflo shoppers drug mart purchase avodart 0.5 mg buy flomax bulk is atorvastatin dose-proportional generic avapro angiotensin ii australia drug store online how to order vermox in canada nimotop express canada ordering endep best place to buy luvox online buy innopran online with out prescription where can i get robaxin pills buy micardis online pharmacy online pharmacy no prescription needed digoxin what is the medicine indocin used for celexa online overnight native american saw palmetto bactroban generic for how to identify fake viagra augmentin no prescription needed canadian online pharmacy buyers of finax canada can citalopram get you high where to buy retino-a cream 0,05 drugs online paxil pharmacy prices list what is topamax medication cheap nexium prescription lozol daily use reviews luvox pills online in the mexico triamterene without insurance tegretol carbamazepine tamoxifen lowest price tegretol 40 mg pharmacy no prescription mentat sale lisinopril 40 mg tablet side effects buy cipro 50 online generic cefixime m and s online where to purchase aspirin buy online mentat generic buy cafergot online overnight baclofen cost comparison cytotec reviews for men non generic levaquin erection packs 2 drugstore bactroban cream uses acne