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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can the council put a charge on a private house after the

Resolved Question:

Can the council put a 'charge' on a private house after the property owner has died?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If a person has died then no.

Alex Watts :

However they can make a claim against the estate for any outstanding payments due as a debt

Alex Watts :

But they can't put a charge when the person has died because the house no longer belongs to that person but the trustee of the estate

Alex Watts :

Can I clarify anything for you about this today please/

Customer: The council claim is for £34,000 but the estate only had £14,000 in cash when she died. There was no other assets. Can the council still claim?
Alex Watts :

It depends on the status of the property and whether you were tenants in common or it was a joint tenancy

Alex Watts :

If its a joint tenancy then when one party dies it transfers to the other

Alex Watts :

If it is tenants in common each person owns their share seperate.

Alex Watts :

But in any event if the person died then there should be a claim on the estate pending any distribution of assets etc

Alex Watts :

Can I clarify anything?

Customer: We were joint tenants so if the only cash asset was approx £14,000 can the council put a claim in for that amount?
Alex Watts :

If you were joint tenants then they should only be able to claim for the £14,000 yes

Alex Watts :

Can I clarify anything else?

Customer: No and many thanks
Alex Watts :

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