henry d Posted October 24, 2020 Report Share Posted October 24, 2020 My sister in law has an idiot husband, he has a pension and works but racks up debt by buying expensive things he doesn't need. He was an alcoholic/smoker but after a stroke and stents he cut that out. My SIL wants to know if he dies will she have to pay off the debt or does it die with him, as her pension plan is suffering and they still have a mortgage and she would have to sell the house. Thanks 👍 Quote Link to comment Share on other sites More sharing options...
TIGHTCHOKE Posted October 24, 2020 Report Share Posted October 24, 2020 Surely any debts would have to be covered from his estate. Quote Link to comment Share on other sites More sharing options...
henry d Posted October 24, 2020 Author Report Share Posted October 24, 2020 Not sure if it is relevant but they don't have a joint bank account, they have separate accounts and share the bills. Personally I would prefer her to divorce him but that's unlikely. Quote Link to comment Share on other sites More sharing options...
fatchap Posted October 24, 2020 Report Share Posted October 24, 2020 Covered by his estate, unless your SIL was a Guarantor or joint name on a credit card. Quote Link to comment Share on other sites More sharing options...
henry d Posted October 24, 2020 Author Report Share Posted October 24, 2020 Many thanks, that was what I was hoping for but was uncertain about. He's not a very likeable person and I don't wish him harm, I will let her know as she was worried that she would have to stump up for his stupidity. Quote Link to comment Share on other sites More sharing options...
Old farrier Posted October 24, 2020 Report Share Posted October 24, 2020 2 minutes ago, henry d said: Many thanks, that was what I was hoping for but was uncertain about. He's not a very likeable person and I don't wish him harm, I will let her know as she was worried that she would have to stump up for his stupidity. Assuming she has a life insurance plan to cover the mortgage maybe up it a bit to cover the dept and funeral costs Quote Link to comment Share on other sites More sharing options...
Vince Green Posted October 24, 2020 Report Share Posted October 24, 2020 (edited) Its a complicated subject, but any debts or liabilities have to be settled in full before you can get probate. Edited October 24, 2020 by Vince Green Quote Link to comment Share on other sites More sharing options...
snow white Posted October 24, 2020 Report Share Posted October 24, 2020 Debts don’t die with you they have to be paid sorry Quote Link to comment Share on other sites More sharing options...
garjo Posted October 24, 2020 Report Share Posted October 24, 2020 I may be wrong but is it important to know if they are tenants in common or joint tenants? Doesn't this effect any claims that can be made against the property and his share? Quote Link to comment Share on other sites More sharing options...
peck Posted October 24, 2020 Report Share Posted October 24, 2020 We are talking about your brother is that correct? Quote Link to comment Share on other sites More sharing options...
team tractor Posted October 24, 2020 Report Share Posted October 24, 2020 I’ve just done an Experian check as my soon to be ex wife is the same . she had multiple payday loans and a few credit cards but nothing in my name luckily but also claimed benefits in my name without me knowing until I had the fines which I’m now stuck with even tho I never had a penny. some people can’t stop spending unfortunately. I’ll know soon the outcome but the Experian report is free and helped my mind a little bit . I did the 30 day free trial too to find out more . It’s amazing what they know about you . Quote Link to comment Share on other sites More sharing options...
blackbird Posted October 24, 2020 Report Share Posted October 24, 2020 (edited) 4 hours ago, henry d said: My sister in law has an idiot husband, he has a pension and works but racks up debt by buying expensive things he doesn't need. He was an alcoholic/smoker but after a stroke and stents he cut that out. My SIL wants to know if he dies will she have to pay off the debt or does it die with him, as her pension plan is suffering and they still have a mortgage and she would have to sell the house. Thanks 👍 Her best bet would be to get professional advice. Edited October 24, 2020 by blackbird Quote Link to comment Share on other sites More sharing options...
henry d Posted October 24, 2020 Author Report Share Posted October 24, 2020 1 hour ago, peck said: We are talking about your brother is that correct? No, it's my wife's sister and husband. 1 hour ago, garjo said: I may be wrong but is it important to know if they are tenants in common or joint tenants? Doesn't this effect any claims that can be made against the property and his share? I'll get her to check and speak to an advisor about both her husband's debt and her pension pot. 1 hour ago, snow white said: Debts don’t die with you they have to be paid sorry Yeah my mistake, a figure of speech, I meant does she have to cough up for his stupidity. 2 hours ago, Old farrier said: Assuming she has a life insurance plan to cover the mortgage maybe up it a bit to cover the dept and funeral costs We are on that too, thanks for the info. She says thanks for the information, she feels better knowing that she won't be on the streets and penny less. Quote Link to comment Share on other sites More sharing options...
Taileron Posted October 24, 2020 Report Share Posted October 24, 2020 1 hour ago, team tractor said: It’s amazing what they know about you . You’re not wrong there! I had a nasty shock last year when I decided to do an Experian check prior to arranging car finance. I was still linked financially to my ex, we had been divorced for 8 years. I had to reopen communication with her and sort it out. Quote Link to comment Share on other sites More sharing options...
The Heron Posted October 24, 2020 Report Share Posted October 24, 2020 4 hours ago, TIGHTCHOKE said: Surely any debts would have to be covered from his estate. 👍 Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 24, 2020 Report Share Posted October 24, 2020 Won’t it be a problem if he dies first and she is expecting to inherit the house and instead there is a large debt put against it? I am not sure if they can force her to sell the house to cover his debts? 🤔🤷♂️ It’s certainly not a good position to be in. I think the best advice on this entire thread is from yourself, divorce the man. I am not sure how anyone could have a partner like that! They just drag you down with them. Quote Link to comment Share on other sites More sharing options...
JKD Posted October 24, 2020 Report Share Posted October 24, 2020 3 minutes ago, Lloyd90 said: I think the best advice on this entire thread is to seek PROFESSIONAL ADVICE 👍 Here you go,,,, corrected it for you 😏 Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted October 24, 2020 Report Share Posted October 24, 2020 37 minutes ago, JKD said: Here you go,,,, corrected it for you 😏 A professional in divorce 👍🏻👀🤣 Quote Link to comment Share on other sites More sharing options...
JKD Posted October 24, 2020 Report Share Posted October 24, 2020 1 minute ago, Lloyd90 said: A professional in divorce 👍🏻👀🤣 In the first instance a professional who deals in the appropriate financial issues,,,, much quicker than getting divorced 👍 Quote Link to comment Share on other sites More sharing options...
Vince Green Posted October 24, 2020 Report Share Posted October 24, 2020 39 minutes ago, Lloyd90 said: Won’t it be a problem if he dies first and she is expecting to inherit the house and instead there is a large debt put against it? I am not sure if they can force her to sell the house to cover his debts? 🤔🤷♂️ Yes they can, she can't clear probate in order to inherit his half of the house until all his debts are settled. But if they divorce she will have to sell the house anywav to give him his half of the value. Quote Link to comment Share on other sites More sharing options...
henry d Posted October 24, 2020 Author Report Share Posted October 24, 2020 42 minutes ago, Lloyd90 said: I think the best advice on this entire thread is from yourself, divorce the man We have tried, however due to the lack of control in certain areas of his life, alcohol, spending etc, he is very controlling of her. Unfortunately we didn't see it in time as they live in Cornwall but he is mentally, verbally and emotionally abusive and she is unable to get out of the relationship as she feels totally reliant on him due to how much he controls her Quote Link to comment Share on other sites More sharing options...
team tractor Posted October 24, 2020 Report Share Posted October 24, 2020 2 hours ago, Taileron said: You’re not wrong there! I had a nasty shock last year when I decided to do an Experian check prior to arranging car finance. I was still linked financially to my ex, we had been divorced for 8 years. I had to reopen communication with her and sort it out. It’s common . I’m making sure it’s all cut Quote Link to comment Share on other sites More sharing options...
Dougy Posted October 24, 2020 Report Share Posted October 24, 2020 Take out an insurance policy out and go pick some mushrooms for breakfast. That should sort out all the issues. Quote Link to comment Share on other sites More sharing options...
Centrepin Posted October 24, 2020 Report Share Posted October 24, 2020 Scottish and English law are differant, but its my belief, if that what he leaves isn't enough to pay his debts they can't come after the house unless she either sells or dies. Quote Link to comment Share on other sites More sharing options...
manthing Posted October 25, 2020 Report Share Posted October 25, 2020 There are no simple debt questions. Some on here are knowledgeable but for your own piece of mind at least talk to CAB. Quote Link to comment Share on other sites More sharing options...
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