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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience:  30 years as a practising solicitor.
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My husband, is buying a property on his own, because i cannot

Resolved Question:

my husband, is buying a property on his own, because i cannot get a mortgage, but his solictor said that i cannot be on the title, and i have to sign a consent that i have no interest in the property.if i am going to be a residence at the property. What should i do.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
This should not be causing a problem in your marriage. It is quite a normal scenario that one spouse cannot get a mortgage for credit reasons or indeed other reasons. The other spouse buys the house with the consent of the other. That is the way the law of property works.
However, you should not assume that you have no interest in the house because as you are married, family law takes over. If you were to separate you would still have a right to a fair share in the value of the house which forms part of the matrimonial property to which you are entitled to a share. It would not be normal for you to be asked to give up this right and indeed it is very doubtful that such a document would be legally recognised.
So the consent would generally be just that. A consent to the husband buying the house. It would not also be a waiver of the rights you have to stay in the house and be entitled to a share as a matter of family law.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10663
Experience: 30 years as a practising solicitor.
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