Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
Your assumption is perfectly correct. Unsecured creditors only have a claim against any assets that you own on your death which would include any equity that you own in your house and and other assets such as bank accounts, shares etc you may own.
If there is insufficient monies in your estate to repay the loan then the creditors cannot claim against assets your spouse owns and she is not liable for the debt personally as you say.
Is there anything above I can clarify for you?
Thank you, XXXXX XXXXX the position and will allay my wife's concerns.
A pleasure. If I can assist any further please do not hesitate to revert to me
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Out of curiosity, is the law in England the same as in Scotland in this scenario? The lender's Terms & Conditions stipulate that English law will apply unless the borrower resides in Scotland (or Northern Ireland) which I do in which case Scots law applies.
Scottish law is the same as English in this particular respect.
Is there anything else I can help you with
Thank you Joshua for that further reply.