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Category: Property Law
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Experience:  Barrister at Self Employed Barrister
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My ex took out a secured loan on family home in 2007,

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My ex took out a secured loan on family home in 2007, apparently i signed a form that allowed him to do this. The debt is just in his name and he never paid it. Now the house is to be sold and the loan company want me to also pay the money from my share but are refusing to send me details of the loan bevause the ex wouldn't allow it. What are my rights if any ? Can they enforce the contract to claim my share. How can i pay for it if i cant see the contract or its terms

You are entitled to proof of any debt to which they say you are liable. Otherwise you can refuse to pay the sum to them. You would also need to raise with them as to whether the contract is valid against you. I would strongly recommend that you get a solicitor to formally write to them (this is money spent which could save you a lot) - certain contracts have very strong rules about people signing and the advice that they should receive for the contract to be valid. There may also be a limitation point which could be advanced. But you need to act as soon as possible.Please rate positively
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