VIC My Deceased Partner's Ex-wife Wants Fridge Bought on Credit Card

[Jenlee]

Back in November, my partner and I bought a fridge with his credit card. He passed away in December and his ex wife changed all of his passwords including the credit card, so I couldn't pay the debt. As she was the executor of the will and sole beneficiary of his deceased estate, she has acquired this debt. I have the fridge. Am I required to give it back to her?

 

[hlly]

A few questions
-Where did you, the ex-wife and your partner all live when he passed away?
-Assuming you lived with your partner, how (if at all) did you own or occupy your residence?
-How has the will disposed of that residence (if at all)?
-Where are you living now?
-How was the fridge attached to the residence?
-Did you use the fridge?
-How did you and your partner manage your money? Separately or jointly?

 

[Jenlee]

A few questions
-Where did you, the ex-wife and your partner all live when he passed away?
-Assuming you lived with your partner, how (if at all) did you own or occupy your residence?
-How has the will disposed of that residence (if at all)?
-Where are you living now?
-How was the fridge attached to the residence?
-Did you use the fridge?
-How did you and your partner manage your money? Separately or jointly?

My partner and I lived in a rental property and his ex wife lived in their family home. We had only lived together for a few weeks before he died. We had a joint account and yes, we did use the fridge.

 

[hlly]

I suspect, on the whole, that the fridge is yours. However it's a bit of a complicated problem. The question will be whether the fridge was yours (in common with your partner) even before he passed away, in which case it will revert to you. The debt you referred to will be paid from his estate, but it is wrong to say that it is now his ex-wife's debt. In any case, I doubt whether that would change things.

 

[Jenlee]

How do I find the answer to that question then? (Whether the fridge was mine in common with my partner before he passed away)

 

[hlly]

Did your husband buy the fridge for himself or did you buy it together?

 

[Jenlee]

Did your husband buy the fridge for himself or did you buy it together?

 

[Jenlee]

We shopped for it together, we bought it together, we bought it for our home, for our use.

 

[hlly]

I think the fridge is yours