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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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My husband and I are in the process of separation. He has a

Customer Question

My husband and I are in the process of separation. He has a judgement against him for over €400k on a failed business venture. He used the home as collateral. He claimed I signed a form agreeing to this but I did not get any legal advice at the time and was not aware of the possible financial consequences. We have to sell the house. The financial institution has not registered the debt against the house yet. If we agree that I get more than 50% of the proceeds of the sale of the house, can the financial institution have a claim on my share?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.

If you're not party to the loan agreement and the property is sold before the bank get an opportunity to register judgement against the property. They cannot pursue your share of it, which will be in cash at that point and held in your own account