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Ms Confused

My common-law spouse brings in $1400/month and I bring in $1900/month. I need to claim bankruptcy but my cl spouse doesn’t want to include his income. He doesn’t want to claim bankruptcy. We have an arrangement whereby he pays the rent and I pay the rest, including my personal debts. The total I owe is around $51000. Do I have to include his income and if so, how will that affect my bankruptcy?

Posted from: British Columbia

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One Response to “Ms Confused”

Barton Goth – Goth & Company Inc. -Trustee in Bankruptcy said...

If your common-law spouse doesn’t want to disclose his income, he doesn’t need to. The legislation provides a provision to deal with this very situation. What happens is that the way the surplus income calculation is adjusted. Essentially what happens is the allowable amount for the house hold is divided in half, and then your cost of bankruptcy is calculated slightly different.

As this is a bit confusing on this type of forum I would suggest you contact a local trustee, explain your spouses concern and they will be able to explain the details to you.