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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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We know about marital rights in the home, it's s Business

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We know about marital rights in the home, it's his Business he's worried about. We were told by a friend who Lets Commercial Property that it is extremely difficult to deprive someone of both home & Business Premises (their Livelihood). The mortgage is in her name. If my son refuses to leave the property would the mortgage company re-posses? Or as our Landlord friend thinks would they chase her as she is earning 800 Euros a day? Thank you

Thanks for the further question. In the event that the terms of the mortgage are breached or if arrears start to accumulate they will initially seek her to settle the arrears and if she does not then they will likely commence possession proceedings for the arrears. The mortgage company has no interest on him occupying the home as they are married and he has a right to occupy it, however depending on the terms of the mortgage he may not be allowed to run a business under the terms and this will need to be checked.

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