Co-habiting for 20+ years My Partner died suddenly

ishotlibertyvalance

Hi all,my Partner and I co-habited at our family home which was solely in her name and is mortgage free.
She passed away suddenly over the Christmas period.   In her will I am the sole beneficiary.
I am now discovering , just the next in a very long line I imagine that maybe it's not so simple.
I've researched as much as I can and hope someone can advise if I'm correct on the following , it would be much appreciated .

1. The estate is valued at £200k max therefore no IHT is due regardless of marital status.

2. If I've understood Gov UK website correctly there will be no type of Capital Gains Tax payable.

3. This is proving more elusive to find information on . I couldn't find any in fact .
    There are Charging Orders on the property arising from unpaid CCJ's to the tune of around £30k .
    My question is do these become payable only as a result of selling the property , or will they become payable as the property changes ownership through inheritance ?

I hope that's clear and some kind soul knows the answer. Thanks for reading.

Voyager2002

Sorry to hear of your sad loss.

I don't know about the charging orders and the property, but the Land Registry will. If you telephone them and manage to speak to a human being you will find them to be helpful and well-informed.

ishotlibertyvalance

Thanks Voyager for the extra avenue

Flugelhorn

@ishotlibertyvalance I am so sorry to hear of the loss of your partner - your head must be whirling with all the stuff to do. I don't know about the CCJs but as mentioned LR might know. I expect you have checked but is there any life insurance / death in service benefit / pension etc etc ?

lisyloo

Sorry for your loss.

Do you by any chance have a free legal helpline on your household contents insurance?

my expectation is that these would have be settled from the estate and the debt is owed by the deceased.

your choices then would be to sell the property or get a £30k mortgage on the property.

Keep_pedalling

I don’t think the LR will be able to advise you on the debt secured against the property probably better to speak to National Debtline. 

https://nationaldebtline.org/

I believe this will be classed as a secured debt so will have first call on her estate. You certainly will not be able to transfer the property to your name without removing the restrictions in place and the only people who can do that are her creditors.

The likely outcome is that you will probable have to pay this off. If you don’t have the assets to do it you will be left with the option of downsizing, taking out a mortgage or equity release. 

Unlike many other types of debts, CJJs are enforceable regardless of how many years have passed since the judgement was made.

Are you the executor? 

ishotlibertyvalance

lisyloo said:

Sorry for your loss.

Do you by any chance have a free legal helpline on your household contents insurance?

my expectation is that these would have be settled from the estate and the debt is owed by the deceased.

your choices then would be to sell the property or get a £30k mortgage on the property.

hadn't thought of the free legal helpline thankyou

ishotlibertyvalance

Keep_pedalling said:

I don’t think the LR will be able to advise you on the debt secured against the property probably better to speak to National debtline

I believe this will be classed as a secured debt so will have first call on her estate. You certainly will not be able to transfer the property to your name without removing the restrictions in place and the only people who can do that are her creditors.

The likely outcome is that you will probable have to pay this off. If you don’t have the assets to do it you will be left with the option of downsizing, taking out a mortgage or equity release. 

Unlike many other types of debts, CJJs are enforceable regardless of how many years have passed since the judgement was made.

Are you the executor? 

I am the executor yes.  of course debt helplines   my brain isn't functioning at full capacity at the moment.   thank you

Keep_pedalling

ishotlibertyvalance said:

Keep_pedalling said:

I don’t think the LR will be able to advise you on the debt secured against the property probably better to speak to National debtline

I believe this will be classed as a secured debt so will have first call on her estate. You certainly will not be able to transfer the property to your name without removing the restrictions in place and the only people who can do that are her creditors.

The likely outcome is that you will probable have to pay this off. If you don’t have the assets to do it you will be left with the option of downsizing, taking out a mortgage or equity release. 

Unlike many other types of debts, CJJs are enforceable regardless of how many years have passed since the judgement was made.

Are you the executor? 

I am the executor yes.  of course debt helplines   my brain isn't functioning at full capacity at the moment.   thank you

That is quite understandable at this time. As you are the executor you have full control over the situation, and you have lots of time to resolve this, so no need to rush into things and I would not communicate with the creditors without speaking advice from one of the debt charities first, as they will be able to advise you on the best way to approach this.