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Are you the owner or the owners wife please?

Thanks. The position is that the owner will need to disclose the fact of his wife's occupation of the property and the lender will then have the wife sign a deed of postponement that puts her rights behind the lenders and lenders will often ask that she is seperately advised as to her rights to ensure she understands that she is surrendering some of her rights in the property vis a vis the lender.

If the lender fails to obtain the above it can be difficult for it to enfore its rights to repossess if it become necessary to do so if the wife refuses to leave

I have not come across a mortgage that does not require consent to obtained as above for the simple reason that the lender can find it difficult to evict an occupier if it has not obtained this consent.

Is there anything else I can help you with?

This is beginning to stray outside of my expertise I am afraid. My expertise centres on property. I believe you are going to need a family lawyer to assist you with this. If you post this as a new question for the attention of my colleague Claire she will be able to give you detailed advice relating to any divorce proceedings as she specialises in this area. Subject as above however wife would not be responsible for the mortgage unless she was a party to the mortgage loan itself which from what you say she is unlikely to have been as very few lenders will allow borrowers who do not also own the property. Consent as referred to above does not lead to liability for the debt itself. For liability to arise, she must have been a party to the mortgage itself.

is there anything further I can help with on the above?

A pleasure

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