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    • Tony52
    • By Tony52 11th Jun 19, 10:38 AM
    • 8Posts
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    Tony52
    Ex-wife debt
    • #1
    • 11th Jun 19, 10:38 AM
    Ex-wife debt 11th Jun 19 at 10:38 AM
    Hi, my ex-wife died in January and as we had a joint mortgage the family home which she had been living in since the relationship ended in 2010, became my responsibility. The local council have now said that they will persue me for her unpaid council tax and heating charge of about 5000( the house is on an estate where all homes are supplied their heating by the council) . I've rang a few local law firms who say they don't deal with this sort of problem, but I don't see how I can be responsible for her personal Bill's when we have been divorced since 2013. I understand that I am liable for the arrears she ran up on the mortgage another 5000. The house doesn't have enough equity to cover what is owed and she left no estate. Any advice would be welcomed, thanks, Tony
Page 2
    • CIS
    • By CIS 12th Jun 19, 1:00 PM
    • 11,347 Posts
    • 6,627 Thanks
    CIS
    The council have told me that if I choose to rent the property they will not deal with any tenants and it will be up to me to collect the council tax and heating charge from the tenants to pay them
    That would only occur if the property was let as a council tax HMO otherwise the tenants fall liable. This situation cannot be changed by the council.

    You need proper advice on the council tax side. You need to contact someone and have them take a proper look at that and advise you on a formal basis.

    Out of curiosity, which local authority area is it under ?
    Last edited by CIS; 12-06-2019 at 1:37 PM.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
    • CIS
    • By CIS 12th Jun 19, 1:37 PM
    • 11,347 Posts
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    CIS
    And of course it is possible that they WERE chasing for it, but she was ignoring it.
    Originally posted by Savvy_Sue

    Yes, I very much suspect they had been.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
    • Tony52
    • By Tony52 13th Jun 19, 2:55 PM
    • 8 Posts
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    Tony52
    It is Newcastle upon Tyne city council, I understand that they are struggling financially and should chase up debt, but they seem to be being very unfair in the circumstances. I am renovating the house in the hope that it will cover the arrears on the mortgage but this extra bill may be a step too far.
    • Savvy_Sue
    • By Savvy_Sue 13th Jun 19, 9:44 PM
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    Savvy_Sue
    I do feel you need advice on handling an insolvent estate urgently.

    The CT bill is a debt of your wife's estate.

    I presume you are hoping to recover the cost of repairs etc to the house from the estate once the house sells.

    However there is a very clear order in which creditors have to be paid, and if you don't follow that order and the money runs out, you may be personally liable.

    Please get some proper advice. You'll have to pay for it but it may save you far more.
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    • CIS
    • By CIS 13th Jun 19, 10:13 PM
    • 11,347 Posts
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    CIS
    That is my old council tax dept, I can understand why you may have issues depending on who you speak to.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
    • getmore4less
    • By getmore4less 14th Jun 19, 6:08 AM
    • 37,363 Posts
    • 23,054 Thanks
    getmore4less
    I do feel you need advice on handling an insolvent estate urgently.

    The CT bill is a debt of your wife's estate.

    I presume you are hoping to recover the cost of repairs etc to the house from the estate once the house sells.

    However there is a very clear order in which creditors have to be paid, and if you don't follow that order and the money runs out, you may be personally liable.

    Please get some proper advice. You'll have to pay for it but it may save you far more.
    Originally posted by Savvy_Sue
    Advice will be needed as there will be some key steps that need to be followed to get this right


    we had a joint mortgage the family home which she had been living in since the relationship ended in 2010, became my responsibility.......
    I understand that I am liable for the arrears she ran up on the mortgage another 5000. The house doesn't have enough equity to cover what is owed
    Top of the list(before the funeral) are the secured debts and their security.

    The estate gets what's left if any from the house value at DOD.
    if there is a shortfall it becomes unsecured but the OP would be liable anyway and have to claim a share of that back from the estate.

    IF the house value does not cover the mortgage&arrears there is nothing left for the estate and the OP can take full legal and beneficial interest in the property.
    (getting this right is critical to ensure that any work that increases value does not becomes part of the estate)

    This can probably be done without touching the rest of the estate and may(but this needs checking first if not too late) not count as intermeddling.


    High risk of getting something wrong here with an insolvent estate.
    • Tony52
    • By Tony52 19th Jun 19, 9:36 AM
    • 8 Posts
    • 0 Thanks
    Tony52
    Thanks for the replies
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