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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34897
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I had a mortgage in Ireland with my ex husband and I have an

Customer Question

Good morning - I had a mortgage in Ireland with my ex husband and I have an Irish court order to say that he will take over this debt and keep the house. I moved to uk remarried and bought a house over here with my new husband. I now find that the debt in Ireland was never paid and never taken out of joint names. The bank in Ireland are now taking legal action to get their money back . Can the Irish bank register the Irish debt against my uk home?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Or can I limit my exposure to this debt by converting from joint tennants to tennants in common.
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

I am afraid that the Judgement can indeed be Registered in the UK and enforced here, and your new home could be at risk.

However whether you hold as Tenants in Common or as Beneficial Joint tenants ONLY your share of the matrimonial home is at risk - if a Charging Order is issued it immediately severs the Joint Tenancy.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you Clare
What can I do to protect my new home? And can they make me sell it?
Customer: replied 1 year ago.
Sorry and just to clarify if they make me sell the uk house or if I sell it voluntarily would they take all the equity or my half ? Thanks Amanda
Expert:  Clare replied 1 year ago.

Only your half share of any equity is at risk.

Have you looked at enforcing the order in Ireland and forcing your ex to pay?