Elderly father with large credit card debts due to gambling - worried about mother's position

[concernedson100]

My father is now quite elderly and unwell.

 

He has gambled heavily for many years and has run up large credit card debts.

 

We don't know quite how large, but he has a number of cards and only pays off the minimum.

 

He is still gambling and I don't think he will stop.

 

My mother is very worried about what will happen should he pre-decease her.

 

The house is in joint ownership and the mortgage has been paid off.

 

We aren't really sure whether she would have to pay his credit card/gambling debts

and whether the house would form part of his estate, or pass directly to her.

 

We are wondering whether it would be sensible to try to put the house in her name only, should my father agree.

 

A possible complication is that the bank appear to have lost the house deeds.

 

I would be grateful for any authoritative advice.

 

I've read a few forum threads here and elsewhere, but I'm still not at all clear what the legal position is.

 

I know I'd certainly want to fight any judgement against my mother,

because she has worked hard all her life and constantly saved to try to safeguard herself.

 

Also I feel the credit card companies have acted irresponsibly,

allowing my father to borrow more and more,

when they must know very well that the borrowings are going straight to the bookmakers.

 

Thank you.

[dx100uk]

even if they do get any judgements

 

it would only be a restriction,

 

no enforcement of sale.

 

changing the house to her sole name I think has a time limit attached to it

whereby within that time

his creditors could still get a restriction

 

not too sure, think its 3 or 7yrs?

 

irresponsible lending

 

might play a part here yes

 

dx

[rebel11]

Hi concerned

 

Has your father been mis-sold PPI? that he can claim back with interest, 6 years plus, or has he had credit card charges added to his account again which he can claim back with interest, 6 years plus.

 

Numbers 1 and 2 in my signature.

[nosnibor]

Hi Concernedson100

 

Do you know if your parents own their property as “joint tenants” or “tenants in common”?

 

If as “joint tenants” which is the most common/usual way then should your father predecease your mother the property would pass into her sole ownership, it would not form part of his estate and your late father’s creditors would have no claim on it.

 

This link may be worth a look

 

http://www.nidirect.gov.uk/dealing-with-a-deceased-persons-money-and-property

 

Nosnibor