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Buachaill, Barrister
Category: Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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I have been separated from my wife years and finally

Customer Question

I have been separated from my wife for 12 years and finally going through a divorce!
The marital home is in joint names but she has obtained a loan (the company is Novitas loans limited) against the home to fund this divorce without my permission or signature, is this legal?
Kind regards
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Dear Phil, there is nothing to prevent your wife mortgaging or charging her interest in the family home. However, as this would not be more than a half share, she cannot charge your half share lawfully. Accordingly, if Novitas Loans Limited has a charge or mortgage over the whole of the family home, you can apply to set this aside. Accordingly, I would suggest you check the title deeds to your home and see what in fact your wife gave as security - whether she purported to charge the whole of the family home or only her interest in the family home. If she charged any more than her interest in the family home, then you should see a solicitor and seek to have this set aside as it is unlawful and should be altered. However, be aware that any interest can lawfully be charged. Even the family home, or part of it, can be lawfully charged. However, it is only a question of how much each owns and how much can be charged.
Expert:  Buachaill replied 2 years ago.
2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.
Customer: replied 2 years ago.
Many thanks,Customer100% For your answer
Expert:  Buachaill replied 2 years ago.
3. Dear Phil, please rate the answer using the rating mechanism at the top of the page.