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Hello. My wife had a mortgage with her previous partner which

Resolved Question:

Hello. My wife had a mortgage with her previous partner which when they separated she could not afford to pay. She had to hand in the keys and property back to the mortgage company. The question I would like answering is, am I legally responsible for any debt to her and her previous partner now I am married to her
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Could you clarify - your wife and ex-partner had the property repossessed and it was sold for less than the mortgage and they are consequently in debt. Are you asking if their creditor's (ie. the mortgage) company can sue you (or whether you are otherwise responsible) for the debt?

 

Please also confirm if you own your own property and if your wife is co-named as the registered propreitor of that property.

 

Tom

Customer: replied 4 years ago.
Yes I do own my own property but my wifes name is XXXXX XXXXX the mortgage. I am asking what you have described in the sense can her mortgage company sue me and am I responsible for her debt before I/we were married?
Expert:  Thomas replied 4 years ago.

Hi,


Good. The mortgage company do not have a cause of action against you for the sums outstanding. They cannot sue you for the money.

 

In the event that you and your wife divorce in the future then, depending on how long you have been married and other factors, she could seek to have the debt taken in to account in the financial settlement. You would obviously oppose this and a negotiation would initiate.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6650
Experience: BA (Hons), PgDip, Practising Solicitor
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