Would I be responsible for my separated husband’s boat costs if he dies?

[Belladog1]

I wonder if anyone can help me with a question.

I separated from my husband over a year ago, but we are still married. I haven't really felt the need to start divorce proceedings yet, and we are still friends. He is in his late 60s and has quite poor health.

Whereas I rented a house for myself, my husband bought a boat which is in a marina. He lives in it all year around. He has been shocked at how many expenses he has and how many bills he needs to pay, but hey - it was his choice.

But it got me thinking, should he die (heaven forbid) would I be liable for the boat / mooring fees etc ?

He doesn't have a Will.

I have been looking online and in some places it seems to appear not as everything is in his name only. But then on other sites it appears, as his natural beneficiary, I would be liable.

I mean, if you inherit the boat you are responsible for it. You could sell it?

I don’t know the legal side of it but if you are friends with him still could you not speak to him about your concerns and say you want to get divorced so you don’t have that worry?

If both of you agree to a divorce and don’t have any assets to split etc, then it’s apparently very straightforward.

I’m just thinking this might be easier than having to deal with the boat and fees after he’s died.

Yes you would be liable if he leaves it to you, the two ways round this is either divorce or he writes up a will & leaves it to someone else.

Unfortunately he told me that some of the boats on the marina can take years to sell. I am just seeing £ signs in my future! The one he bought was unsold for about 8yrs.

No, we don't have any assets to split. When we separated we sold our house and split everything 50/50. We took from the house whatever we wanted and threw everything else in 3 skips.

He isn't looking after himself and I really can't see him sorting out a Will. He can't even sort out his pensions !!

One of the reasons we hadn't talked about divorce was because neither of us were seeing anyone else, but it was my idea to separate and he plunged into depression. He is a little brighter now the sun is out and he has made friends at the marina, but I fear I might tip him over the edge again if I mention divorce.

If he isn't going to make a will, then divorce is the thing that will legally and financially separate you both. Doesn't have to be acrimonious, it sounds like it will merely be a formality. While you are still married, you are legally and financially linked.

I would assume as his next of kin you would be liable. But anything can sell if you make it cheap enough

In that case it might be best if you don’t accept the inheritance? I think you can legally do that but you should check it out with your solicitor.
www.kctrust.co.uk/help/can-a-beneficiary-refuse-something-left-to-them-in-a-will

@Belladog1 You need to actually get divorced and have a financial arrangement agreed by the court. As you are married, the boat would be yours with no will. So you are very silly not divorcing. He could grow up and write a will of course. Leave the boat to someone else?

Get your divorce done.

One of the reasons we hadn't talked about divorce was because neither of us were seeing anyone else, but it was my idea to separate and he plunged into depression. He is a little brighter now the sun is out and he has made friends at the marina, but I fear I might tip him over the edge again if I mention divorce.

Could you start by just gently asking him what you need to do if he dies and you’re left with the boat - can he make a list of expenses to pay, how to sell, is there legal paperwork like a log book for a car etc.
And then you can judge his mood and eventually gently mention whether it’s easier to divorce and then you won’t have that worry.

If the worst does happen then I’d sell it for next to nothing or give it for free then you don’t have any of the hassle.
(You may lose out money but it will probably balance out if you can’t sell it for years anyway).

Thank you very much everyone for your input. I appreciate it. I think a divorce is on the cards and I will talk to him about it. It's the natural next step anyway.

@Belladog1Yes, that sounds sensible or it is your problem. Both of you need a will too and any existing Will is not valid on divorce. He’s dodging responsibility really.

I actually made a Will when we separated with a caveat that my husband shouldn't inherit anything. Would I still need to update it?

His estate is whatever it is less his debts and funeral expenses. If there's insufficient in his estate to pay those. you're not liable.

Anything will sell quickly if the price is right op.

Without divorce you will inherit, and any expenses will come out of his estate until there is nothing left. After which you are not liable unless eg joint mortgage which you don't have.

So, he dies, estate pays for mooring and services until boat sells, you sell it cheap, get your inheritance and no more worries about your stbxh.

Anything will sell quickly if the price is right op.

Not necessarily. The maintenance and mooring fees will still put people off.

Without divorce you will inherit, and any expenses will come out of his estate until there is nothing left. After which you are not liable unless eg joint mortgage which you don't have.

If OP inherits the boat, she will be liable for all the related fees until it is sold, even when there is nothing left in the estate.

So, he dies, estate pays for mooring and services until boat sells, you sell it cheap, get your inheritance and no more worries about your stbxh.

He is already struggling to pay for mooring and services, if there is no actual cash in the estate, just the boat, OP will have to cover the costs herself.

Also boats are like static homes, they depreciate in value very quickly and are expensive to insure and maintain. They are difficult to sell for a reason.

Divorce can be just paperwork, file online jointly, no solicitor needed then you need to get a consent order drawn up that basically says all assets have been split, we paid £780 including filing fees for this, very straightforward, same solicitor acted for both of us

You can refuse to inherit everything or just a specific item.

Say you inherited the boat and some jewellery. You can accept the jewellery and disclaim the boat. The boat would then return to the estate to be distributed according to the will.

You cannot be forced to accept a liability.

There is no will so OP would be the sole recipient of the 'estate' which would include the boat.

I don’t really understand why this is such an issue. I assume mooring works like rent- he has an agreement to pay it. When he dies the agreement ends. You aren’t liable for the contract.

i guess the point is, you inherit the boat and have to pay for expenses to keep it going. But surely on the other hand, you could just get the boat broken up and removed? No boat costs

You don’t have to accept an inheritance.

However I don’t think you can accept one bit and refuse something else as pp said. I think it’s all or nothing?

I actually don't know if this is the case as the boat is still in the marina. It isn't like rent where the house will just be rented to the next person who comes along. Even removing it from the water and leaving it to dry dock is still expensive.

But you could have it taken away for scrap.