Deceased Ex-Pat's Debt??

[Ayuda]

Together, my husband and I lived in an EU country for 10 years. Last year he died leaving crdit card debts in UK (Approx 20K). For the last 3 or 4 years he was unable to maintain the payments and started to ignore any correspondence he received from these companies. The debt was passed on to Collection Agencies and he ignored these too. Now I am concerned that I am liable for these debts. We jointly owned our house that is now for sale, but there has been little interest from prospective purchasers due to the current economic climate. What is the best option for me? Currently I am struggling to survive on a small pension and barely manage to make ends meet. If I manage to sell the house I want to return to UK and try to purchase a property there. But must I pay my husband's debts from the sale? And will the companies trace me when I move? I have a UK bank account that my pension is paid into, so I am not exactly off the radar.

[citizenB]

I will find someone to advise you.

[sequenci]

Hello there.

 

You are not liable for the debts directly.

 

The creditors, however, may be able to recover the debts from the estate.

 

I'll try and find out what the position is for overseas property for you.

 

In the meantime here's a good fact sheet to get your started:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=21_what_to_do_about_debt_when_someone_dies

 

Really, really sorry for your loss.

[cerberusalert]

Now I am concerned that I am liable for these debts.

You are not personally liable unless the a/cs were in joint names but his estate may be.

We jointly owned our house that is now for sale

Is the house were you are now abroad or in the UK & do you own it outright?

 

Was it bought outright or on a mortgage, if a mortgage what type?

[Ayuda]

The credit card debts are in my late husband's name.

 

The house is abroad and was bought outright in joint names, but later a mortgage (in joint names) was taken out. This will be paid off when the property is sold.

 

My late husband willed his half of the property to me but as there are taxes to be paid to transfer into my sole name it remains in joint names until I can find a buyer.

 

The 'estate' is made up solely of the property, there was nothing else.

[cerberusalert]

It depends on the wording of the the original sale agreement and the mortgage. In certain circumstances the deceased partners share of the property is automatically transferred to the surviving partner & cannot be used as part of the deceased estate to pay off debts. Hopefully someone with a better knowledge of this will be able to give details.

 

As for his creditors, they must wait until the estate is settled before they are even considered to be paid. There are priority debts which come long before them, these include funeral costs, any taxes due etc both where you are & in the UK. These would be paid from his share of the property not yours.

 

As I said it really depends on the legal side of the transfer of his share to you. If it goes to you in it's entirety his creditors will get nothing.

[sequenci]

Cerb, I think the property was overseas...

[cerberusalert]

Cerb, I think the property was overseas...

 

I know, but it's likely to be much the same as the UK with transfer of the partners share. Besides, it's highly unlikely that his creditors will even be aware that he had a share in property overseas.