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Alex J.
Alex J., Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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what recourse hav I to joint mortgage default by other par

Customer Question

what recourse hav I to joint mortgage default by other party
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If you have Joint and Several Liability for the debt, then I am afraid that is a risk of this type of agreement. If she refuse the bank can pursue you jointly or individually.
Your only options are to:
1. Allow the default;
2. Pay her share yourself - you can then sue her to recover this sum under the Civil Liability (Contribution) Act 1978 - you could do it in the UK and get an equitable charge on her share of the property. If she has other property here you could seek a charge on that.
I look forward to hearing from you.
Kind regards
AJ