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  • FIRST POST
    • Mauricethelemur
    • By Mauricethelemur 13th Oct 17, 10:45 PM
    • 3Posts
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    Mauricethelemur
    Credit Card Debt on a family death
    • #1
    • 13th Oct 17, 10:45 PM
    Credit Card Debt on a family death 13th Oct 17 at 10:45 PM
    Hi

    I wonder if anyone can help me.

    My girlfriend mother died the other week and we found out she owes 50k in credit card debts and no life insurance.

    She had a property with her husband and I wonder if he is now liable for her debt even though the credit cards were in her name.

    Can someone help me as my girlfriend is worried her dad will be saddled with this debt.
Page 1
    • Ms Chocaholic
    • By Ms Chocaholic 13th Oct 17, 10:47 PM
    • 8,639 Posts
    • 53,200 Thanks
    Ms Chocaholic
    • #2
    • 13th Oct 17, 10:47 PM
    • #2
    • 13th Oct 17, 10:47 PM
    How was the property owned? Joint tenants or tenants in common.

    Did she have any other assets, cash in the bank (not a joint account) or ISAs etc.
    Thrifty Till 50 Then Spend Till The End

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    • Mauricethelemur
    • By Mauricethelemur 13th Oct 17, 11:20 PM
    • 3 Posts
    • 0 Thanks
    Mauricethelemur
    • #3
    • 13th Oct 17, 11:20 PM
    • #3
    • 13th Oct 17, 11:20 PM
    I think the property the owned was jointly owned
    • antrobus
    • By antrobus 14th Oct 17, 8:32 AM
    • 15,271 Posts
    • 21,780 Thanks
    antrobus
    • #4
    • 14th Oct 17, 8:32 AM
    • #4
    • 14th Oct 17, 8:32 AM
    Hi

    I wonder if anyone can help me.

    My girlfriend mother died the other week and we found out she owes 50k in credit card debts and no life insurance.

    She had a property with her husband and I wonder if he is now liable for her debt even though the credit cards were in her name.

    Can someone help me as my girlfriend is worried her dad will be saddled with this debt.
    Originally posted by Mauricethelemur
    Who is taking charge of your girlfriend's mother's estate? Did she have a will?

    Basically, that 50k credit card debt is now owed by the estate. So the question is, are there any assets in the estate to meet that liability?

    You say "she had a property with her husband". The question "How was the property owned? Joint tenants or tenants in common" relates to the nature of this joint ownership.

    https://www.gov.uk/joint-property-ownership

    If the property was owned as tenants in common, then the mother's share will form part of the estate. If that's the only asset, either the house will have to be sold to pay the credit card debt or the husband will have to pay it.

    If, as is more common, the property was owned as joint tenants, the husband automatically inherits his wife's share, and so it does not form part of the estate. Therefore if all there is in the estate is 50k of credit card debt, it would be an insolvent estate, and whoever is in charge needs to write to the CC companies to tell them so, and they can go whistle.

    However there is a legal procedure, whereby any one of these CC companies could apply to court to make the husband pay. I have no idea whether they would or not.
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