help charging order/restriction deceased husbands secret debt

lyndymay

Husband passed away in New year. Have just got round to sorting finances. I have just been notified that there is a restriction on our house for a debt my husband had on a credit card. It is with cabot. I knew nothing about it. I have now been told this means the house is held as tenants in common which affects probate. It is our only asset and it wont affect inheritance tax. There was no will but it is below the rate for intestate. My main questions are;
If I was never informed, can I have it removed?
If I cant have it removed, can the company force a sale now my husband has passed.?
I cant afford to pay it off (£13000)
If I get it removed, will it revert to joint tenants?
Can I have his name removed from the property if the order remains?
Any advice or direct me to some online resources please.

Thrugelmir

Who are the executors of your late husbands estate? 

lyndymay

I am the executor. He had no will. 

Ms_Chocaholic

You need to find out if the house is registered with LR as tenants in common or joint tenants - who said it was?

It only costs £3 to find out

There's some info here that will help https://mindatrest.co.uk/blog/how-to-tell-if-property-is-owned-as-tenants-in-common/

Ms_Chocaholic

I'm confused by this post you started in 2012 as to whether it's your ex-husband or husband who has passed.

https://forums.moneysavingexpert.com/discussion/3996175/cabot-restriction-order-now-threat-of-a-of-e#latest

Thrugelmir

Ms_Chocaholic said:

You need to find out if the house is registered with LR as tenants in common or joint tenants - who said it was?

The restriction by default changes it to tenants in common. The debt is secured on the deceased estate's half of the property. Creditors are within their rights to pursue settlement if the Executors make no attempt to do so.

EssexHebridean

First up, sorry for your loss, and that you have now discovered this too, that must be incredibly upsetting and frightening. 

My understanding of the situation is that you can appeal this on the basis of being entirely unaware of it - had you known about the restriction it would indeed have severed the original joint tenancy (important to note - the property WAS held as joint tenants originally, yes? If not the situation is different)  but if you have never been informed of the restriction then that means it cannot sever the original way of holding the property. You are going to need legal advice on this, as the method of getting it sorted will be to commence court action - although it is probably unlikely that it will actually go to court, you need to be prepared for the fact that it could, though. 

sourcrates

We have a dedicated thread to charging orders, the land registry rep posts regularly on there, maybe try on that thread ?

It can be found here -

Charging Order? The myth - Page 473 — MoneySavingExpert Forum

peb

EH is right.  Sorry Sourcrates but that thread by hmlr is based on overreaching which won't apply on the facts supplied.

OP, check that the land registry has the correct address for service, for a restriction to be registered you should have been contacted by that address.