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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My husband has a mortgage on a property in his name only.

Resolved Question:

My husband has a mortgage on a property in his name only. If he defaults on the mortgage could the mortgage company claim from me. House in negitive equity.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience.

If you are not named as either borrower or guarantor on the mortgage then the lender would not be able to claim any monies from you.

This is because you do not have contractual relations with them if you did not execute/sign the mortgage offer originally and it does not change simply because you are married. This is his sole personal debt and you will not suffer because of it. They cannot pursue you for monies owed under it and it will not affect your credit record.

Obviously, your husband might incur considerable personal liability depending on what happens and this may indirectly impact on you because of your marriage and the resulting change (I assume) in the amount of money you might have to fund the expenses of your family but you yourself will not be sued because of this.

I am sorry, you have my sympathies because it's a horrible situation but at least you are not also personally liable.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
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