Deceased partners debts

[sicknote26]

Hi is there anyone who can give me advice? Dp passed away suddenly in February, he had a bank loan and some credit card debt. He was struggling to pay this so entered into an IVA to help manage the debt. He also had a couple of buy to let properties with a friend with not much equity in. My question is can the friend be forced to sell the houses to repay the debts of my partner ?

Posted too soon, thanks in advance for anyone who can help me with this x

Yes unfortunately I think the people who your DP owed money to could force a sale of the properties to recover their money. But perhaps the other owner could come to an arrangement. A similar question was asked while back and assets of the deceased person can be taken but a partner couldn't be held liable for debts which weren't in joint names. Hope things get sorted out.

Sorry for your loss, it can't be easy.

His estate must pay its debts, and if that means selling assets then that's how it has to be done. Unless there is other money that can pay the debt but that seems unlikely.

The creditors can get a court order if necessary.

Thank you for replying so quickly, we owned a home together and this has now passed over to me, I can't shake the anxiety that my home could be affected also. My kids would be heartbroken at having to move. It's been so hard trying to get things sorted during lockdown.

Did you own as joint tenants? If so, your home will be OK.

Did he have a will? Who is managing the estate?

And, yes, re lockdown. My dad died in April and I've been trying to help mum deal with everything and it's been so hard.