How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Family Law
Satisfied Customers: 12173
Experience:  30 years as a practising solicitor. Partner in own firm.
Type Your Family Law Question Here...
JGM is online now

My husband is remortgaging and as the mortgage is solely

This answer was rated:

Hello, my husband is remortgaging and as the mortgage is solely in his name I am being asked to sign a deed of consent. Does this form affect any rights I have if my husband and I were to separate in the future. Or is it only to protect the lender if he defaults in payments ?
Thank you for your question.
The effect of the deed of consent is to put any rights which you have, for example, the right to occupy the house as a spouse, behind the rights of the lender in the event of default. So if your husband didn't pay the mortgage the lender could apply to repossess the house and your occupancy rights would be secondary to their right to repossess.
So, yes, from a practical point of view the deed of consent is to protect the lender on default. It has no effect on a separation between you and your husband.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Sorry, so if I were to leave my husband and there is equity in our house I am still entitled to half? Being his wife or do I need to actually be on the mortgage.
That is correct. The mortgage has no bearing on your right as a wife.
Customer: replied 2 years ago.
Thank you, ***** ***** husband past away then our life insurance would pay up the outstanding mortgage balance and our will states the house goes to me, the lender will not own my house? Sorry to be thick!!
That is entirely correct, yes.