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If your partner has died

If someone close to you has died, you will of course grieve for the person you have lost. You will also have to deal with a number of practical matters. You can get a booklet from Age Concern called 'A Practical Guide to Coping with Bereavement' which gives advice on both these areas.

If my partner was in debt when they died, do I have to pay those debts?

A person's debts are paid out of their property when they die. In general, you cannot "inherit" debts. If your partner does not have enough property to pay their debts they cannot usually be passed on to you. However, there are several exceptions to this rule:

  • You may have the right to take over your partner's tenancy when they die. If you do this, and they owed rent, you take over that debt with the tenancy.
  • If you were married to your partner, and they owed Council Tax, you will have to pay off this debt.
  • You are responsible for a debt if both you and your partner signed to say that the debt was a joint one - for example, if you took out a loan together.

Some debts are paid off on death by insurance policies. Most mortgages and many consumer credit agreements are covered.

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Information Provider:
Manchester Advice
Date Written:
September 2005
Date Reviewed:
24 March 2006
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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