Property Ownership after marriage.

SeniorUnit1

I will be getting married very soon and I have a mortgage with my current wife to be. The house deeds say this house and property is in solely the name of my partner - I am on the mortgage only.

I have a debt now of 45k from a shortfall on a house. I will be dealing with the debt people next week or after the wedding. Noone has been in contact with me yet. I Have been in touch with the lender to basically play it by the rule book - I can never pay back 45k but some small amount I will try and agree to. And my ex partner also will have to pay.

I have done some reading and from what ive read that any debt in my name is solely in my name so they cannot come after my new wife. However I cannot find any information on "assets" after being married.

My question is does anyone know if the debtors will try and come after the new house claiming that it is an asset of mine?.

Im in the EU but not in the UK - I know that the Debtor will be a UK Company. I have a rental agreement which I plan to show them and a salary pay slip possibly. Like I say I tend to make some agreement with them. The house is on the books only in my new wife's name in her previous surname aswell.

Can anyone offer any advice on this please?

antrobus

SeniorUnit1 wrote: »

...My question is does anyone know if the debtors will try and come after the new house claiming that it is an asset of mine?.

It's possible. I believe that under bankruptcy legislation that it could be argued that you had a beneficial interest in the property concerned. Given that you are named on the mortgage of said property, and are therefore probably contributing to the purchase of the property it might be difficult to argue that you didn't have a beneficial interest.

I'd be inclined to ask a real legal type person.

SeniorUnit1 wrote: »

..Im in the EU but not in the UK

That could have an impact, depending on what is exactly meant by that statement. Are you a UK resident?

SeniorUnit1

antrobus wrote: »

It's possible. I believe that under bankruptcy legislation that it could be argued that you had a beneficial interest in the property concerned. Given that you are named on the mortgage of said property, and are therefore probably contributing to the purchase of the property it might be difficult to argue that you didn't have a beneficial interest.

I'd be inclined to ask a real legal type person.



That could have an impact, depending on what is exactly meant by that statement. Are you a UK resident?

My partner knows of this problem so at least its open. Surely tho know body can find out if I am or not - when you search for the house owner her names appears not mine. I plan to give them a rental agreement which I have for a flat I live in.

I am British but I now live (and have done for 1.5 years) outside of the United Kingdom but wihin the EU.

I tried to go BK but the law said I have an interest (before buying a house) in the current country and my interest was in the UK. He (the judge) did say that i was in a grey area and was a difficult situation.

If I was taken off the mortgage then would i have any ties legally to the new house in my new wifes name?

holly_hobby

Any credit check on you will reveal you are joint party to a mortgage - so its pretty easily discovered.

Holly

SeniorUnit1

holly_hobby wrote: »

Any credit check on you will reveal you are joint party to a mortgage - so its pretty easily discovered.

Holly

But if the house if owned my my wife and in her name can anyone take the house from us?

Situation.

I get the equivalent of £600 a month. I pay my new mortgage and bills and then have next to nothing left. I cannot pay 45k back to the debt people. I plan to make an arrange with them. Can they lay claim to my new wife's house with me only being a name on the mortgage?

Whats the likely outcome of this does anyone know?

SeniorUnit1

holly_hobby wrote: »

Any credit check on you will reveal you are joint party to a mortgage - so its pretty easily discovered.

Holly

Will a credit check form the UK will discover me in he EU?

ValHaller

SeniorUnit1 wrote: »

I will be getting married very soon and I have a mortgage with my current wife to be. The house deeds say this house and property is in solely the name of my partner - I am on the mortgage only.

Im in the EU but not in the UK - I know that the Debtor will be a UK Company.

(Aside: YOU are the debtor - the company to whom you owe money is the CREDITOR)

For the main thrust of the question, these forums are UK based. We just about manage to get our heads around the difference between English and Scots law. So you cannot expect an informed answer about how it will work out in another EU country especially if you have not told us the country.

For a start, in England, these things play out differently according to whether you hold the property as 'joint tenants' or 'tenants in common'. Then there are complications according to whether you name is on the house title or the mortgage or both.

Add to these considerations the different ways in which the law will apply in your jurisdiction and I would say that you should find a similar forum in your present jurisdiction and ask there.