Joint Debt After Death UK: Who Pays Joint Loans, Credit Cards & Mortgages 2025

Understanding joint debt liability after death is crucial. If you had joint financial accounts or loans with someone who died, you need to know what you're responsible for and how to protect yourself from aggressive debt collectors.

When You ARE Liable vs When You're NOT

YOU ARE LIABLE FOR:

Joint debts where you're named as joint borrower:

• Joint loans
• Joint credit cards
• Joint mortgages
• Joint overdrafts
• Joint store cards

You are 100% responsible for the FULL debt, not just your half. Creditor can pursue you for entire amount.

Guaranteed debts:

• If you signed as guarantor for deceased's loan
• You must pay if deceased can't

YOU ARE NOT LIABLE FOR:

Sole debts in deceased's name only:

• Credit cards in their name
• Loans in their name
• Store cards, catalogues
• Payday loans

Being married or living together does NOT make you liable for their sole debts. Estate pays these (or creditors take loss if estate insufficient).

How to Tell if Debt is Joint or Sole

Check EACH debt carefully - don't assume:

Joint Debt Indicators

• BOTH names on credit agreement/contract
• Agreement says "joint borrowers" or "joint account holders"
• BOTH had card/account access
• Debt appears on YOUR credit report

Sole Debt Indicators

• Only deceased's name on agreement
• You were "authorized user" or "additional cardholder" (NOT joint borrower)
• You didn't sign credit agreement
• Debt NOT on your credit file

Check Your Credit Report

Get free reports from:

• Experian
• Equifax
• TransUnion (via ClearScore or Credit Karma)

Joint debts appear on BOTH people's credit reports.

Notifying Creditors of Death

Notify ALL creditors within 2-4 weeks (for both joint AND sole debts):

Information to Provide

• Deceased's full name
• Account numbers
• Date of death
• Copy of death certificate
• Your relationship (joint account holder, executor, family)

What Creditors Should Do

For JOINT debt:

• Freeze interest/charges temporarily (most offer 1-3 month freeze)
• Stop contacting deceased
• Update records to show only you liable
• Offer payment plan if you can't afford current payments

For SOLE debt:

• Stop contacting family
• Mark account as deceased
• Contact executor for estate to pay
• Cannot demand payment from family

Handling Joint Credit Cards and Loans

Joint Credit Cards

You are liable for FULL balance (not just half):

• Stop using card immediately
• Contact card issuer within 1-2 weeks
• Request: card cancellation, payment plan, balance transfer to 0% card (if credit allows)
• Pay at least minimum to protect credit score

Joint Loans

You are liable for remaining balance:

• Contact lender immediately
• Check if deceased had Payment Protection Insurance
• Request: payment holiday (3-6 months), reduced payments, interest freeze

Options to Clear Balance

• Use deceased's life insurance
• Pay from deceased's estate (if you're executor)
• Negotiate settlement (pay lump sum less than full amount)
• Debt management plan

Joint Bank Accounts and Overdrafts

What Happens to Joint Account

Account may be frozen when bank notified. Bank will determine:

• If joint tenants (funds pass to survivor)
• Or tenants in common (deceased's share to estate)

Joint Overdraft

You're liable for full overdraft amount:

• Continue making payments or clear overdraft
• Cannot walk away from it
• Contact bank to freeze interest and arrange payment

Strategy

• If positive balance exceeds overdraft: Clear overdraft with available funds
• If overdraft exceeds balance: You owe difference - arrange payment plan

Protecting Yourself from Debt Collectors

What to Do if Contacted About Sole Debt

1. Ask: "Am I joint borrower or guarantor on this debt?"
2. If NO, say: "I am not liable. Please contact the executor."
3. Give executor details
4. Request written confirmation you're not liable

DO NOT:

• Admit responsibility
• Make token payment (implies acceptance of debt)
• Give access to your finances

If Harassment Continues

• Keep records (dates, times, what was said)
• Report to Financial Ombudsman (if regulated creditor)
• Report to Trading Standards (if unregulated)
• Consider legal action (harassment is unlawful)

Prioritizing Debts

If you have multiple joint debts, pay in this order:

PRIORITY DEBTS (Pay First)

• Mortgage (or you lose home)
• Secured loans (or lose asset)
• Council tax (can lead to court)
• Utilities (can be disconnected)
• Child maintenance (court action)

NON-PRIORITY DEBTS

• Credit cards
• Store cards
• Personal loans
• Overdrafts
• Money owed to family/friends

Strategy: Pay minimum on non-priority, focus on priority debts

Getting Free Debt Advice

If struggling with joint debts after death:

Free Debt Charities

• National Debtline: 0808 808 4000
• StepChange Debt Charity: 0800 138 1111
• Citizens Advice: citizensadvice.org.uk

They can help with:

• Debt Management Plan (DMP)
• Individual Voluntary Arrangement (IVA)
• Debt Relief Order (DRO)
• Bankruptcy (last resort)
• Negotiating with creditors

NEVER pay for debt advice - legitimate charities provide it free

Secured Joint Debts and Repossession

For joint debts secured on assets (mortgage, car finance):

Joint Mortgage

• Surviving borrower 100% liable
• Must continue payments
• Lender can repossess if payments stop
• See separate mortgage debt after death guide

Joint Car Finance

• Both liable for remaining payments
• Options: continue payments, sell car, voluntary termination (if 50%+ paid), return car

Repossession Protection

If threatened with repossession:

• Contact lender immediately
• Request payment holiday (3-6 months)
• Apply for breathing space (60-day protection)
• Get free advice from Shelter or Citizens Advice

Frequently Asked Questions

Am I responsible for my deceased partner's credit card debt?

Only if you were joint account holder (both signed agreement). If you were just additional cardholder, you're NOT liable. Check your credit report to confirm.

Can creditors take money from our joint bank account for deceased's sole debts?

Complex situation. If joint tenants, your half protected. If tenants in common, deceased's half goes to estate (creditors can claim). Seek legal advice if large amounts involved.

What if I can't afford to pay the joint debt?

Contact free debt charities immediately (National Debtline, StepChange). They can help negotiate payment plans, freeze interest, or arrange debt solution (DMP, IVA, DRO). Don't ignore it - creditors more willing to help if you engage early.

Can I be forced to sell my home for deceased partner's sole debts?

NO, if you're not joint borrower or guarantor. Creditors can only pursue deceased's estate. If you jointly owned property and deceased's debts exceed their estate, creditors may claim against deceased's share of property, but this requires court order and is complex. Get legal advice.