Can I do this?

nicemiss65

Hello all, my husband and I have a joint bank account and mortgage. He has vascular dementia and I have an LPA over his financial affairs. He has a debt with a CCJ and has been paying for a while now.
We have life insurance in place which will pay his debt when the inevitable happens. I have been given some money and want to pay off the mortgage, will his creditors find out and expect me to increase the amount we pay to them each month when we no longer have any mortgage payments.
I hope this makes sense. Many thanks for any help you can give me. Xx

Floss

Personally I think you should consider writing to your husband's creditors and request that they write off the debt on grounds of ill health.

sourcrates

I agree with Floss, you have no obligation to increase payments in the circumstances you describe, you are giving these companies much more entitlement than they warrant.

They have no say on how much you pay them, that is entirely your decision, nothing to do with them whatsoever, even the judgement debt should be paid at the rate agreed with the court.

Unsecured debts are what are termed "non essential debt", last on the list for payment.

I would be inclined to write and inform them of your husbands health situation, and on that basis ask them to make a commercial decision and write the debts off.

You should do what you need to do, his creditors have no say in the matter.

nicemiss65

Thank you I will, try what you suggest. Thanks for taking the time to comment. Xx

fatbelly

Hopefully the life insurance is payable to you. It would then not form part of his estate and his creditors would have no call on it

I agree with both the above

enthusiasticsaver

His debts should be written off after death unless there is money in the estate to settle them.  Presumably the life insurance is payable to you so you are not obliged to use that to repay the CCJ or any other of your husbands debts. Was this taken out for secured debts or business debts as it is unusual for this to be issued for unsecured  debts? 

Any money you have is not able to be drawn on for his debts so you are perfectly able to  pay the money due to you  off the mortgage or keep it in savings. 

I agree that it would be best to write to his creditors and ask them to write off the debt due to  your husbands health. 

Brie

Are you having any problems paying "his" priority debts at this point?  council tax, mortgage etc possibly including care home costs or care costs (do they count as priority?) I would certainly focus on those and ignore CCJs or other non priority debts should he have any.