Do I Have To pay It?

dont.ask.dont.get

I lost my partner three months ago, we had a joint mortgage which has now been paid by an insurance.
There were no other monies in his estate, well nothing to speak of really.
Yesterday I received a letter from a company with regard to a loan he took out for our conservatory. He didn't take out insurance on the loan, and the balance owing is around £5k.
I don't have this money and as the loan was not in my name I have told them that it is not my responsibility, I know it's a cop out but I just don't have it.
They are saying that as it was for home improvements and the house is now mine I have to pay. Any help and advice would be appreciated.

ClaretMatt_2

I *think* that's total hogwash so long as you're not on the credit agreement and the money borrowed wasn't secured on the house.

But best wait for a few more replies before you tell the to go to hell (or send them a "prove it" letter)

McKneff

If the loan was solely in his name and there is nothing left in his estate then the debt has to be written off,

Simple as that really. You could go to a solicitor and ask for a half hour free interview if that settles your mind.

These people are telling you a load of rubbish to be honest. I am so sorry for yur loss.

Regards.

McKneff

No point in sending them a prove it letter to be honest, they could only prove that your other half took out the debt. In his name.

arbroath_lass

Is the house (or at least part of it) not part of the estate then? Genuine question I have no idea how this works.

danielley

You may find some more people in the know on the Deaths, Funerals and Probate forum.

http://forums.moneysavingexpert.com/forumdisplay.php?f=217

Good luck, from my limited knowledge I dont think they can take you for a penny, but they will try it on.

I would echo the advice from McKneff and go and check with a solicitor.

dont.ask.dont.get

arbroath_lass wrote: »

Is the house (or at least part of it) not part of the estate then? Genuine question I have no idea how this works.

I suppose it is, but the ownership was transferred to me as the part owner.

Should I be counting that as his estate then, he had a small personal endowment policy which has paid for the funeral costs, I think after all expenses were paid I was left with around £300.

noh

dont.ask.dont.get wrote: »

I suppose it is, but the ownership was transferred to me as the part owner.

Should I be counting that as his estate then, he had a small personal endowment policy which has paid for the funeral costs, I think after all expenses were paid I was left with around £300.

Depends on the ownership of the house.
http://www.landregistry.gov.uk/public/guides/public-guide-18
If held as joint tenants then the house is not part of the estate.
If held as tenants in common then the proportion of the house he owned is part of the estate.

dont.ask.dont.get

noh wrote: »

Depends on the ownership of the house.

If held as joint tenants then the house is not part of the estate.
If held as tenants in common then the proportion of the house he owned is part of the estate.

I have no idea, I don't feel inclined to even find out to be honest, it's bound to cost me money to find out.
If doesn't actually help if it is part of his estate, as I still don't have the money, I am not about to sell up just to give them £5k.
I have spoken to them and they seem to be certain that a loan for home improvements has added value to the home which benefits me, therefore I am now responsible. I just think they are trying it on, I am going to get an appointment with the CAB and see what they say. The person that I spoke to said it would go to court if not paid, how can you take a dead person to court. Even their letters were sent to Mr Gibson (deceased), they don't even know my name as we were never married, I am appalled at their behaviour.

terryw

It is worth paying £3 to obtain a copy of the register from the Land Registry.

http://www.landregistry.gov.uk/professional/fees/portal-fees

Also a slight worry as if you administered the estate and there was a surplus after funeral expenses then should have been used in paying any other debts.

TonyMMM

dont.ask.dont.get wrote: »

I have no idea, I don't feel inclined to even find out to be honest, it's bound to cost me money to find out.
If doesn't actually help if it is part of his estate, as I still don't have the money, I am not about to sell up just to give them £5k.

Distressing as it no doubt is, you will have to sort this out. If you were the person settling his estate you may need to account for how you handled it - which includes all assets and debts. If there was ANY money left, they may have a claim against it.

If a solicitor handled the transfer of ownership they should be able to tell you what type of ownership there was .... it was almost certainly as joint tenants otherwise you would have been told you needed to obtain probate before a transfer could take place.