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Posted: Mon Sep 17, 2007 8:29 am
by andymac
Hi,

Before filing for BR, I have a question which some of you here may be able to help me with..

3 years ago, my partner was diagnosed with a serious illness, and her critical illness policy paid out over 140k to her. I was paying the monthly premium, but it was her the beneficiary.

I am just looking at the flow of money into and out of the "pot". Will he count that payout as 100% her input (she decided to clear the mortgage) or does he spilt it 50/50?

The best answer, is that he views the cash as hers to do with as she pleases, rather than half mine... It just helps account for some spending later on in the process!!

Posted: Mon Sep 17, 2007 9:59 am
by MelanieGiles
The Official Receiver will note that it was you who paid the premiums to this policy, and could argue that your partner should have at least paid those back to you when she received her payout. It strikes me that this has created a debt between you and her, which might be looked at and steps taken to collect it. I do not think, however, that the OR could have any call on the actual payout apart from this.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

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http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp