Settling debts after death

My wife will be the sole owner of our house when I die. Will she have to sell the house to pay off my debts?

--
Ryder


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On 06/01/2017 21:49, Ryder wrote:

Yes if the house is currently in your name or owned as joint tenants.
If currently tenants in common then no.
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On 07/01/17 01:32, Fredxxx wrote:

Tenants in common is a concept that doesn't exist across the whole UK, only in England and Wales. The OP doesn't say that that they are domiciled in one of those countries.
I'm not convinced that the answer is correct. For a start, if the there is a tenants in common arrangement, the will will need to indicate who gets your share of the house, and their legacy will be reduced by the amount of your debt. I'm not sure whether they would be forced to sell their share (the part obtained from you if they are the other tenant), or whether it would always possible to make a charge on the property.
My feeling is that, if you are at risk of this happening, this is one of those times where internet forum/newsgroup advice is not enough. At the very least, talk to a debt counselling charity, maybe start with the CAB.
(If I read <http://www.franciswilksandjones.co.uk/site/fwjsays/component_articles/component_articles_AR_In_Winter_2013.html correctly, the ownership arrangement that would be desirable would be "joint tenancy". Attempts to change the tenancy when the likelihood of default was known would probably be treated as void, unless done by buying out the share at full market value.)
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Fredxxx;105989 Wrote: > On 06/01/2017 21:49, Ryder wrote:-

> to

Thanks Fred that's reassuring. But as I have no savings or assets other than the house what happens to the debts after my death as hopefully my wife will still be alive?
--
Ryder


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On 07/01/2017 11:36, Ryder wrote:

Can you confirm you live in England and Wales as another poster has intimated the situation is a little different in Scotland?
Tenants in common means the house is all hers as well as all yours. The house will be just hers after your death. The debt will be offset to your estate which you indicate is nothing.
As long as she hasn't signed any guarantees or allowed the house to be used as surety all should be good.
What is interesting is that should she die before you, you're still responsible for her debts.
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On 07/01/17 15:40, Fredxxx wrote:

That's joint tenants, not tenants in common.
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On 07/01/2017 15:44, David Woolley wrote:

Sorry, yes your right. Easy to get them wrong way round.
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Why would this be so? Isn't it the case that spouses are never responsible for the other spouse's debts? https://www.bainesandernst.co.uk/help-and-advice/personal-finance/responsible-marriage-debts/
Michael
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