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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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I hope u cam fiancé built a house with his partner

Customer Question

I hope u cam fiancé built a house with his partner at the time a good few years ago. Both names are ***** ***** title deeds and on the mortgage. A year later they split up and she asked him to leave. He contributed no more to the mortgage repayments after that. The house has since gone into substantial arrears. His ex wants to take his name off the deeds but the bank won't do this...
Myself and my fiancé are due to get married next year and I'm worried as to how this will affect us in the future as my family are quite wealthy and I am an only child so all my parents money and assets will be left to me. So that leaves me with a few questions
1. In event that my partners ex decides to walk away from the house, will the bank firstly decide to come after my partner (and myself as a married couple) for the unpaid debt or would they first of all try to sell the house?
2. If we could not pay that unpaid debt, would that entitle the bank to take any assets/money we may have as a married couple?
3. If we were to pay that unpaid debt, would we then own that house?
I would be so grateful if u could help me with these questions as I am quite worried about what the future may hold now
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, you are worrying unduly here. One spouse of a married couple has no liability for the debts of the other spouse. Each is a separate entity so far as the law is concerned. So you cannot be held liable for your fiance's debts even if you get married. So, your reasoning is flawed when you consider this to be the case.

Expert:  Buachaill replied 1 year ago.

2. The answers to your questions are 1. The bank will first try to sell the house. However, the bank cannot touch your assets as you are a separate person in law to your fiance, even if you get married. 2. The bank cannot take assets you might have as a married couple. They can only seek recovery from your fiance's assets, not yours. 3. If you discharged the unpaid debt, you would not then own the house. You would merely have a right to a larger share in it. However, that would only be an equitable interest which you could only realise upon a sale. In the meantime, the asset would continue to be owned by your ex and his former partner. So, you should instead attempt to buy the asset and then discharge the debt. But out your fiance's former partner.

Expert:  Buachaill replied 1 year ago.

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