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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good morning I am getting married next year and am concerned

Resolved Question:

Good morning
I am getting married next year and am concerned that my husbands-to-be is named on a joint mortgage with his ex-wife even though he does not pay the mortgage.
If something was a o happen to him, will any financial responsibility pass to me?
His ex-wife is unable the afford the mortgage on paper hence the reason for him remaining on the account.
He pays monthly child maintenance and more recently has been in sting out for additional items. The most concern is she has recently asked to borrow money. Hopefully this is a one off.
Need to know where I stand in all this.
Kind regards
Jackie
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there a Court Order sealed by the Court setting out the financial agreements between them?
Clare
Customer: replied 2 years ago.
Good evening
There is no financial agreement sealed by the court.
Kind regards
Jackie
Expert:  Clare replied 2 years ago.
Hi
May I ask why not?
How much is the house worth an dhow much is outstanding on the mortgage?
What other assets are there - and what income do they each have?
Clare
Customer: replied 2 years ago.
This was left out of the equation due to the financial circumstances of my husband to be and has never been revisited.
Not sure how much the house is worth but approximately £110k left.
No other assets and husband to be's income is £28k and believe his ex-wife earns less than that but we are unsure the exact amount.
Kind regards
Jackie
Expert:  Clare replied 2 years ago.
Hi
Is your partner willing to revisit it now?
Clare
Customer: replied 2 years ago.
No, the agreement between him an ex is that she pays the mortgage and he pays maintanence for the children each month. This has been the case for the last 7 yrs +
Kind regards
Jackie
Expert:  Clare replied 2 years ago.
Hi
Is he not willing to put this agreement in writing so that it is enforceable?
Clare
Customer: replied 2 years ago.
Sounds like a discussion to have.
Does any of this impact me if I was to marry?
Kind regards
Jackie
Expert:  Clare replied 2 years ago.
Hi
There is no way that you will become liable for the mortgage in the event anything happens to your husband after the marriage
However in the event of his death then technically his ex will still have a potential claim on his estate - and on his share of any joint assets
A Final Consent Order setting out that she receives the house in full and final settlement of her claims will prevent this.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you