Mar
23
Council chasing unpaid tax on ex-husband who died 2005?
By
we had joint mortgage.- tax arrears go back to 1990’s - am i liable - now married - unemployed.
Repossession
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11 Comments
June 26th, 2009 at 10:12 pm
Yes (and/or the remainder of his estate).
June 29th, 2009 at 9:31 am
If he left you the house or some money then yes. Tax should have been paid out of his estate.
July 2nd, 2009 at 11:09 am
If he was then your ex-husband, on the assumption that you did not live there, no you are not liable.
However, if you inherited anything, the council may be able to claim from his estate.
Solicitor or Citizens Advice Bureau is your best bet.
July 3rd, 2009 at 10:48 am
If council tax…yes….otherwise no
July 6th, 2009 at 7:14 am
Yes, you are. If it was a joint mortgage I think you have to face up to the fact that it was your house too and you are/were liable too.
July 6th, 2009 at 9:22 pm
it may be worth your while to contact CAB, they’ll be able to tell you for sure and may be able to help you deal with the council. It all depends on how long you were separated and whether or not you were also responsible for making sure the council tax was paid at the time. Good luck
July 8th, 2009 at 7:33 am
Unfortunately you are. Or rather his estate is. Speak to the council and explain your situation.
July 11th, 2009 at 7:39 am
The council tax arrears are due and payable from your ex-husbands estate and if that has no value then the debt should be written off. However, if you were jointly and severally liable for the tax arrears in question, you remain liable. If you were not, then you should simply refer the council in question to the executor of the estate. However, if your ex was solely liable and there is no money remaining from his estate, if he ever had one, then you should simply inform the council in writing. What puzzles me is why the council is chasing a debt originating many years ago. Why wasn’t it paid at the time? The council should be sympathetic here in any event. Are they actually chasing you in name? Frankly telling the council in writing that your ex died without assets should be enough, providing he was the sole name on the account in question. The joint mortgage has nothing to do with council tax liability, the important thing is who was actually billed for the tax at the time. I have an email link here if I can help you further.
July 13th, 2009 at 12:58 am
You do not mention whether you are still in the residence the taxes applied to. I would assume that it must still be in your name because the council would have required payment of the tax if you had sold the residence.
Of course, if the property goes to you, the taxes due on it go with the property. If the property went to someone else, just tell the council to seize the property.
July 14th, 2009 at 4:27 pm
As you had a joint mortgage it seems fairly safe to assume that the property was in your joint names also, if so you will have a liability though maybe for only 50% of the debt, the remaining 50% being owed by his estate (if that did not pass to you).
July 16th, 2009 at 1:47 pm
i would be tempted to give the council the address of your late husband, ie plot number etc and tell them to try get it from him, at least you can have a giggle at their expense.