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Joint debt and the deceased...

...ok - I'm back with another question :rolleyes:

Does the responsibility of any joint debt fall to the surviving party even if they are incapacitated or can the creditor claim from the deceased estate?

Thanks in advance
tt
:heartpuls baby no3 due 16th November :heartpuls
TEAM YELLOW
DFD 16/6/10
"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:

Comments

  • tigtag02
    tigtag02 Posts: 6,857 Forumite
    Part of the Furniture Combo Breaker
    anyone know?
    :heartpuls baby no3 due 16th November :heartpuls
    TEAM YELLOW
    DFD 16/6/10
    "Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
  • Snaggles
    Snaggles Posts: 19,503 Forumite
    edited 29 December 2009 at 11:07PM
    I would be almost certain that if there is a joint debt, and one party dies, the other party becomes solely liable (joint and several liability would apply in this situation equally as much as if the one party just refused to pay).

    This is from DirectGov and is actually about the opposite scenario but confirms the above:

    When someone dies, any debts they leave are paid out of their 'estate' (the money and property they leave behind). You're only responsible for their debts if you had a joint loan or agreement or provided a loan guarantee - you aren't automatically responsible for a husband's, wife's or civil partner's debts.
    "I wasn't wrong, I just wasn't right enough."
    :smileyhea
    9780007258925
  • tigtag02
    tigtag02 Posts: 6,857 Forumite
    Part of the Furniture Combo Breaker
    shamless bump :o
    :heartpuls baby no3 due 16th November :heartpuls
    TEAM YELLOW
    DFD 16/6/10
    "Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:
This discussion has been closed.
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