REPOSSESION OF PROPERTY OWNED BY WIFE AND HER FORMER PARTNER

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My wife and her partner bought a property. My wife moved out after 6 months and her ex agreed to take on the mortgage (not official). Now some time later the bank (NATWEST) are repossessing the house in two weeks time.

My wife has been to court on three previous occasions when the mortgage went into default and pleeded for the court to grant a repossesion but this was denied to both her and the NATWEST.

It now appears to be going through.

My question is this:

a. My wife informed NATWEST at the time of the split that she was moving out of the property.

b. On each occasion when NATWEST went to court seeking repossesion the courts and the bank knew that she did not live there.

c. Now that we are a married couple, can the bank come after me, as the working partner (my wife is unemployed, soon to be starting a college course) for the mortgage shortfall and arrears or is it a matter purley between them and my wife and her ex. ie. if she stays out of work she will never have to repay any monied that they may order her to pay. Or am I now liable for her debts before marriage?

-- Andrew Symonds (ajs@mcmail.com), June 02, 1999

Answers

No you will not be liable for her debts.

If she has other assets or income that show up on, say, her credit reference agency files then they may pursue her but it is unlikely. they only do it if it looks profitable. Unemployed people are not profitable to sue unless they have assets.

Hope this helps.

Lee

-- Lee (repossession@bigfoot.com), June 02, 1999.


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