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Spousal knowledge and a dead husbands debts

  • 30-01-2012 1:49pm
    #1
    jonsnow
    Registered Users, Registered Users 2 Posts: 724 ✭✭✭


    In a situation where a wifes husband handled all the finances and who lied on an mortgage application in relation to a mortgage policy by saying that he had a life policy which had in fact been voided due to his non-disclosure of a previous medical condition.

    The bank are now trying to lump the deceased debts in with the surviving wifes debts and as the mortgage payments are not covered by the Life policy these will be very significant for her.The wife maintains she had no knowledge in relation to the void life policy but the bank are saying that she must have as he was her husband.

    Basically I,m looking for any case law in relation to these 2 issues.
    1. Spousal knowledge in relation to a spouses finances.
    2. The legality of forcing a spouse to accept their deceased spouses debts

    I,ve checked Irlii and Bailii but suprisingly haven,t found anything. Any help is greatly appreciated.


Comments

  • #2
    benway
    Registered Users Posts: 1,061 ✭✭✭benway


    Really, really need a solicitor here.

    If the husbands's estate is insolvent, debtors have no recourse as against his wife.

    The question of the mortgage really depends on the particularities of the arrangement. Personally, I'd look very closely at the life insurance policy, which I'm taking was voided for want of uberrima fides, and see if there's any statable cause of action there first.

    The mortgage attaches to the property, so whoever's going to take it will have to deal with the debt, one way or the other.

    I say again, you need a solicitor.


This discussion has been closed.
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