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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My husband is taking out a mortgage in his sole name and I

Customer Question

My husband is taking out a mortgage in his sole name and I have to sign a consent to mortgage. As his wife what are my rights to the property? If he defaults on payment am I to understand the lender cannot legally come to me for any default payment?

Also in the future if he decides he doesn't want to be married to me or tries to evict me and our 3yr old son out of the property what are my rights?

We have been encouraged to make a will to ensure that in the event of his untimely death my son and i will be taken care of.

I am being asked to sign forms that i am unsure about.

Thank you

Submitted: 4 years ago.
Category: Family Law
Expert:  Alex J. replied 4 years ago.

Thank you.

I can assist you with this.

Firstly you cannot be held liable for the mortgage unless you actually sign something in writing that says you will be liable for it.

Secondly you wont have any specific rights to the property unless you are the registered owner of the beneficial or legal title. If your husband leaves you the property in his will you will acquire it but it will be subject to the balance the of the mortgage.

Thirdly you may acquire rights to the property in the future as a result of your marriage and also having a child under the age of 18 in the property. The fact that you have a child under 18 in the property will to an extent protect from being evicted from the property at short notice.

Can you tell me any more information about the forms to be signed?

I look forward to hearing from you.

Kind regards

Customer: replied 4 years ago.

As yet I haven't seen the forms but it is an unusual purchase which has family implications.

Basically we are buying my husband's grandmothers house for below market value. ie value is £350k and the purchase is £223k. This is being done to fund her care in a residential care home.

I am 15 yrs older than my husband and to include me on the mortgage would mean substantial monthly repayments so in the first instance the mortgage will be taken out in my husband's sole name. If in the future when our son goes to school and i take on full time work we would look to re mortgage to include me.

My husband has suggested that i sign forms so that i may not "steal" the family house should we break up.

Could you clarify to me the spousal rights i have should we separate?

I am also putting in £30k of my own money (inherited from my grandmother) Can this be protected in any way.

Obviously I don't plan on us separating but I would like to be clear in any eventuality.

Sorry if this is confusing

Expert:  Alex J. replied 4 years ago.

Thank you.

I am going to refer this to a family law expert on the site who will be better place to answer the spousal rights points.

Kind regards

Customer: replied 4 years ago.

thank you

Customer: replied 4 years ago.

Still waiting for the family law expert to contact me.


Sorry if I am being impatient but I am unaware of the expected time frames.



Expert:  Nicola-mod replied 4 years ago.

I will put this into the correct Family Law category for you and hopefully one of our family law experts will be able to assist you.

Thank you,