Nationwide to add late husbands loan & c/card balance to mortgage,advise please.

Sophie44

Many thanks to you all for the advice, I am so grateful. Just to clarify a few points. I was not a 2nd cardholder on his credit card, it was in his name only, as was the loan and mortgage. The deeds to the house are in his name only and I was not a joint owner. He has willed the house and estate to me, not that there is any estate because of debts owed. There is only the house - all such a mess.

Sophie44

CLAPTON wrote: »

a joint tenancy means that both parties own the property jointly and severally ( like a joint bank a/c; both own everything and can spend everything in the a/c)

so half the house can't be left to anyone else as it is already 100% owned by the survivor


in your circumstances it looks like the house was owned as tenants in common ; this would allow half the house to be left to some-one other than the survivor

in any case, it looks in this situation that the house was solely owned by the deceased.

Yes you are quite right Clapton, the house was solely owned by my late husband, although willed to me.

Sophie44

bankhater_1965 wrote: »

were you a 2nd cardholder user on the cc ?

No....the cc was in his name only as was the mortgage and loan. The Nationwide will have to set up a new mortgage for me - I just don't understand it all as the loan was unsecured.

Sophie44

fannyadams wrote: »

Condolences to you and your family at this difficult time.
Forgive my ignorance but I thought that if you died then the mortgage got paid off by some kind of life insurance thing (which I thought you HAD to have to have a mortgage).
I hope you can get this sorted out.
{{{{Sophie44}}}}

I thought exactly the same thing too, I was shocked to find out there wasn't any kind of insurance on his mortgage, especially as he has always been self employed, I thought insurance was a necessity, but apparently not.

bankhater_1965

from what i believe the cc debt cannot be over to you if you are not a card user on the account ie 2nd card holder and therefor cannot but a charge on the property once the house has gone fully to you !

getmore4less

bankhater_1965 wrote: »

from what i believe the cc debt cannot be over to you if you are not a card user on the account ie 2nd card holder and therefor cannot but a charge on the property once the house has gone fully to you !

The house should not be be signed over till the debts are paid.

If the estate has assets to cover the debts then it is not easy to get them written off especialy if the debts are with the same company that has the mortgage.

Get some legal advice on this, there may be an angle but not one I know of.


publicity might be an angle, "widow forced out of home over CC debt".

Compulsory Insurance on mortgages was stopped years ago.
If it had not happened years ago it would be a misselling siituation today.

What are you going to live off?

Sophie44

getmore4less wrote: »

The house should not be be signed over till the debts are paid.

If the estate has assets to cover the debts then it is not easy to get them written off especialy if the debts are with the same company that has the mortgage.

Get some legal advice on this, there may be an angle but not one I know of.


publicity might be an angle, "widow forced out of home over CC debt".

Compulsory Insurance on mortgages was stopped years ago.
If it had not happened years ago it would be a misselling siituation today.

What are you going to live off?

Thank you so very much for explaining things to me. There are no assets to cover the debts....the only thing left in the estate is the house which I hope I am not forced to sell just yet. Thanks again.

SouthCoast

As #2.

The Nationwide mortgage will include an "All monies charge".

Hanky_Panky

CLAPTON wrote: »

I think you may be confusing the situation where a property is owned as joint tenants; in this case the house would not form part of the estate for probate purposes
however that wouldn't necessarially mean the unsecured debts couldn't be pursued.

Thanks Clapton

I didn't know the distinction but remembered reading it somewhere.

The_J

Sophie44 wrote: »

Thank you so very much for explaining things to me. There are no assets to cover the debts....the only thing left in the estate is the house which I hope I am not forced to sell just yet. Thanks again.

The house will be the asset and like a profit and loss sheet they will work off that.

Do check for life assurance, there may be old policies lying around but I expect, at your ages, it probably expired. It's a shame because this is exactly the type of situation it exists for.