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Joint debt and the deceased...
tigtag02
Posts: 6,857 Forumite
...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
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:
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anyone know?:heartpuls baby no3 due 16th November :heartpulsTEAM YELLOWDFD 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 :heart2:0
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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.":smileyhea97800072589250 -
shamless bump
:heartpuls baby no3 due 16th November :heartpulsTEAM YELLOWDFD 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 :heart2:0
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