Mums credit card debt when she passes?

[JasperJ]

Hello all

I hope someone can help me. I live with my mum who is 74 and I take care of her.
We are joint names on the house deeds and the mortgage is paid in full.
She has some credit card debt with Barclay Card and Tesco (£8,000 and £6,000).
We pay just over the minimum payment each month on both and she has no other debt or savings
but in her will she has left her half of the house to me.
My question is, will the credit card companies come to me for the debt when the day comes that she dies?

Many thanks for any advice.

[atticus]

Do you know the basis on which you own the house jointly? That is, whether you own it as 'joint tenants' or 'tenants in common'. This can be important.

If you do not know, for £3 you can obtain your Land Registry title document via https://www.gov.uk/get-information-a...opies-of-deeds. If you then post the full text of Part B, the Proprietorship Register, removing only names so as to preserve anonymity, we can comment further.

The point is that if you are 'joint tenants' it is likely that you will become sole owner automatically on your mother's passing, whereas if you are 'tenants in common', her share will pass into her estate and can be realised to pay her creditors.

Others may have additional comments.

[JasperJ]

Do you know the basis on which you own the house jointly? That is, whether you own it as 'joint tenants' or 'tenants in common'. This can be important.

If you do not know, for £3 you can obtain your Land Registry title document via https://www.gov.uk/get-information-a...opies-of-deeds. If you then post the full text of Part B, the Proprietorship Register, removing only names so as to preserve anonymity, we can comment further.

The point is that if you are 'joint tenants' it is likely that you will become sole owner automatically on your mother's passing, whereas if you are 'tenants in common', her share will pass into her estate and can be realised to pay her creditors.

Others may have additional comments.

Thanks for your reply. I have attached a copy of the land registry and part of the letter from our solicitor.

[atticus]

OK, so you are tenants in common. As I said:

... if you are 'tenants in common', [your mother's] share will pass into her estate and can be realised to pay her creditors.

[des8]

You can change ownership to joint tenancy: https://www.gov.uk/joint-property-ow...on%20for%20you.

[JasperJ]

I really appreciate your responses as I'm so worried about this. I do not have the funds to pay these cards so would the credit card companies definitely come after the house with myself still living in it if there were no other assets?

By changing to joint tenancy, would this create any problems if my mum went into care? I believe our solicitor chose tenants in common to prevent the house having to be sold if this happened? Thanks again

[des8]

Holding a property as tenants in common can be advantageous in that if the one who dies first leaves their share in trust with the survivor having the right to live there, if the survivor then goes into a care home the first person's share will not be swallowed in care home fees..... but no advantage if the one who dies first goes into a care home before passing on.
If care home fees are due to be paid, council's generally do not look for payment until the survivor passes on, or the property is sold.

But really, this is a mine field and you should be seeking professional advice and not relying on an anonymous forum.
Much depends on your personal circumstances (eg siblings, spouse, children etc finances and what you and your mother want etc)