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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor. Partner in own firm.
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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: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years 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 and other Family Law Specialists are ready to help you
Customer: replied 2 years 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 2 years ago.
That is correct. The mortgage has no bearing on your right as a wife.
Customer: replied 2 years 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 2 years ago.
That is entirely correct, yes.

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