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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My girlfriend has asked me to move in with her. She currently

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My girlfriend has asked me to move in with her. She currently has about £15000 of outstanding debts. She has an 11 year old child so only works 16 hours per week and claims benefits. We know that she will lose her benefits and will have to work more. I need to know if I will become liable or responsible for her debts if I move in and if any of my belongings will be accounted for if debt collectors start turning up.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question .

Provided you were not a party to the original agreements from which the debts have occurred (ie. you did not signed the contracts as the contracting party jointly with her or as her guarantor) then the creditors would not be able to claim against you.

You do not have any privity of contract in the contracts relating to the debts and so that creditors would not be able to sue you. This will not change as a result of you moving in to her property.

However, if you suspect that bailiffs may seek to remove items from the property as a result of the debt then I would gather the documentary evidence for the items that are yours (eg. contracts, receipts etc) and have them in an easily accessible place. Furthemore you should draw up a list of those items confirming that they are solely your items and that she does not have any interest in the items and then have her sign it.

This should be sufficient for the bailiffs to not take your items.

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Kind regards,


Tom
Customer: replied 2 years ago.
Where would I stand if she was to apply for a debt relief order or file for bankruptcy?
Expert:  Thomas replied 2 years ago.
Hi,

Either would eliviate the stress and uncertainty that the bailiffs would coming knocking at the door, but it can have impact in other areas of life (eg. when applying for jobs, raising credit in the future).

She should contact the following for detailed advice on the advantages and disadvantages fof applying for bankruptcy:-
http://www.bis.gov.uk/insolvency

Your position remains unaffected.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 2 years ago.
So if I write up a statement showing that I have no involvement or interest in her debts and outline belongings that I solely own and she signs this statement she will be able to apply for a DRO or bankruptcy and it will affect me in no way. And would relieve her position.
Expert:  Thomas replied 2 years ago.
Correct. But there will be indirect effects of bankuptcy (ie. not being able to raise credit, the stigma of it).

PLease rate my answer.

Tom
Customer: replied 2 years ago.
Will me moving into her property affect her application for a DRO or bankruptcy. Or will the courts accept that I have no part in her debts and her decision to do one of the above.
Expert:  Thomas replied 2 years ago.
No, your financial affairs are separate provided you did not sign the agreements or guarantee them.

It will not affect the DRO or bankruptcy proceedings.

I have answered your original question. Please rate my answer

TOm
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6538
Experience: BA (Hons), PgDip, Practising Solicitor
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BA (Hons), PgDip, Practising Solicitor