Money Advice Direct
FREEPHONE 0800 074 6918
We receive a lot of calls and emails from the public asking; "My partner and I have joint debts. Can we lump them all together in the same IVA?".
Money Advice Direct receives 1000’s of calls and emails from couples asking whether they can do a joint IVA. The answer is YES you can. The IVA will be linked so that they both will get approved on the same day. It is actually cheaper for the IVA Insolvency Practitioner to set up a 'linked' IVA than two separate IVAs because a lot of the details are the same.
There is no such thing a 'joint IVA'. What will happen is there will be two separate IVAs although they will share common ground and be funded by the joint household disposable income.
If your partners debts are lower that the £15000 minimum IVA requirement level then your partner will not be able to do an IVA. An example is where one spouse owes £30,000 and the other owes £7000.
If this situation occurs then only one spouse can do an IVA whilst the other will have to pay back the debts normally or through a debt management plan.
The creditors are very understanding of this situation are will accommodate a debt remedy to suit the household.
If you have taken out a credit card, loan or bank account in joint names then you are both liable for the full amount of any debt. This means the whole debt will have to be mentioned on each IVA, not 50% of it.
This means that if you have a joint loan with a spouse or partner and one of you fails to repay the debt (this often happens following divorce or separation) then the lender could still ask you for payment of the full amount (not just half).
The lender cannot recover the money twice but can pursue both of you, or just one of you, for all amounts still outstanding until they have obtained full payment.
Joint and several liability can also apply to rent arrears on joint tenancies, arrears on joint mortgages, Council Tax payments and water charges on properties that have been jointly occupied.
If you and your partner have joint debts and are wondering if you can lump them all together in the same IVA please complete the following form or telephone freephone 0800 074 6918.