How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor. Partner in own firm.
31090051
Type Your Family Law Question Here...
JGM is online now

My husband is remortgaging and as the mortgage is solely

Customer Question

Hello, my husband is remortgaging and as the mortgage is solely in his name I am being asked to sign a deed of consent. Does this form affect any rights I have if my husband and I were to separate in the future. Or is it only to protect the lender if he defaults in payments ?
Submitted: 1 year ago.
Category: Family Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The effect of the deed of consent is to put any rights which you have, for example, the right to occupy the house as a spouse, behind the rights of the lender in the event of default. So if your husband didn't pay the mortgage the lender could apply to repossess the house and your occupancy rights would be secondary to their right to repossess.
So, yes, from a practical point of view the deed of consent is to protect the lender on default. It has no effect on a separation between you and your husband.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor. Partner in own firm.
JGM and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry, so if I were to leave my husband and there is equity in our house I am still entitled to half? Being his wife or do I need to actually be on the mortgage.
Expert:  JGM replied 1 year ago.
That is correct. The mortgage has no bearing on your right as a wife.
Customer: replied 1 year ago.
Thank you, ***** ***** husband past away then our life insurance would pay up the outstanding mortgage balance and our will states the house goes to me, the lender will not own my house? Sorry to be thick!!
Expert:  JGM replied 1 year ago.
That is entirely correct, yes.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters