Two faced snake with t*ts giving my brother a hard time - advice needed

Discussion in 'Finance, Property, Law' started by Rodney2q, Oct 26, 2010.

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  1. Hi folks

    My brother, who is in poor health and living on benefit, married a flakey woman who has turned into a real cow.

    We have two main problems and I'm looking for some advice to set him straight before he does anything stupid. Unfortunately killing her is not an option....

    The problems are:

    1. She has run up a substantial debt via a credit card/on-line shopping and cannot pay. She is telling my brother that as he is her husband he is also liable for her debts. As far as I know my brother does not have a bank account (benefits are paid via Giro or whatever they do these days) and that the credit card is in her married name. I do not think they have a joint account.

    2. Our elderly mother is now scared that if she leaves her house to the pair of us, in the event of my brother's early death (which is likeley considering his health) the wife will be entitled to claim his share of the house. Neither of us want this scheming bitch to get her hands on either the money or the property.

    In any case I intend to retire to the house and buy my brother out of his share - the house was originally my grandparents house and I'd like to keep the property in the family.

    The wife is an anorexic with a history of mental health problems (my brother knows how to pick them eh?) and is known to turn violent on occaision.

    I don't expect any solutions to the problem but any advice as to possible courses of action would be appreciated.

    I will tell my brother to contact the CAB asap ref the debt problem and I've told my mother to change the will leaving the house to me and I'll sort out the financial arrangements with my brother (I don't think he wants to see his wife get anything either). Unfortunately divorce doesn't seem to be an option at the moment.

    Cheers

    Rodney2q
     
  2. JDDSC needed
     
  3. Your mother needs to write a will and I could be wrong but any party in a marriage I thought was liable for the others debt.
     
  4. My mother will change her will shortly.

    AFAIK any debts can be recovered from joint assets in the event of a divorce, but she is responsible for the debts as the card is in her name.

    BTW, this is probably a dumb question but what does JDDSC mean?

    Rodney2q
     
  5. As far as I'm aware, if the debt is in her name only, it's only her debt. That was the case when I worked in finance 10 years ago. I had to authorise loads of loans for people, even though their partner was CCJ'd to hell and back (company policy). Responsible lending my arse!

    I would have thought with the house thing, that if your brother died before your mum, you would become sole beneficiary.
    If your mum dies and the house then goes to both you & your brother, depending on your brothers will it would only resort to his wife if he then dies and doesn't stipulate his share of your mums house going elsewhere.

    To be honest mate, get proper legal advice on this.
     
  6. Nationaldeptline.0808 808400. They give free legal advise regarding dept. More help than CAB.
    Ring them when she's not about so you can query the will position and also where he stands on the credit card issue.

    Good luck with it chief.
     
  7. Defintely not the case - one of the biggest misconceptions going (along with 'common-law wives' etc).

    Fully agreed about the will.
     
  8. This was some advice one of my brothers got some years ago after his then wife ran up a load of debt - maybe was in joint names. Agree about the common law thing - doesn't exist - thank fcuk.
     
  9. I hadn't thought of that - nice one Miner!

    We are going to get professional advice but I thought there would be someone on Arrse who had been there, seen it, done it, read the book etc who could save me some time by pointing me in the right direction. One thing I'm sure of is that the wife is not the sharpest tool in the box and has not dealt with me before (I've onlt met her 2-3 times) or the collected wisdom of the Arrse!

    :)

    Rodney2q
     
  10. Rondney2q,

    I am not a lawyer, but:

    Unless your brother agreed to be a guarantor for the card (he would have had to fill in a form), then he is not in any way liable for her debts.
     
  11. Although I wouldn't have thought your brother was liable for her debts (provided they are not joint debts),

    If she was made bankrupt, then her share of any joint assets could be used to pay off the creditors. I know nothing about what would happen if bailiffs broke down the door, but he may have a problem if they own joint assets eg TV, car etc.

    He needs to make sure that he doesn't counter sign any consolidation loans and should steer clear of joint bank accounts. He probably also wants to make sure that any assets are owned in his name rather than jointly.
     
  12. The other issue of course is that if they have no assets and just benefits then it may be worth her applying for bankruptcy to clear the debts completely.
     
  13. Schaden

    Schaden LE Book Reviewer

    Your brother is def not liable - unless he signed a document accepting liability - had a similar situation with my daft sister.
     
  14. Duly noted, thanks.

    Rodney2q