Occupiers deed of consent

18101956

My wife and I need a small mortgage. We can only get a mortgage in my name and the mortgage Company requires my wife to fill out an occupiers deed of consent.
My question is  “if I die before the mortgage is paid, what happens to my wife”. Will she be able to stay in the house and still keep paying the mortgage or will the house have to be sold to pay off the debt.

user1977

The default is that your executors have to repay your debts, so if your wife wouldn't be able to afford her own mortgage (and doesn't want to risk having to sell the house) you'd be better to get life insurance to cover the balance due. Doesn't have much to do with the deed of consent though.

18101956

If I die can she still just keep paying the mortgage so it’s not defaulted 

user1977

18101956 said:

If I die can she still just keep paying the mortgage so it’s not defaulted 

In practice she might be able to, but she won't be legally entitled to if she's not a joint borrower.

MWT

In the circumstances you describe it would be far safer to make sure you have sufficient life insurance in place or other assets within your estate that could pay-off the mortgage.

You cannot rely on the lender allowing her to take over a mortgage on which she is not listed as a borrower.

kingstreet

The consent form has no bearing so deal with that and then;-

write a will leaving the property to your wife
write sufficient life cover in trust for your wife to repay the outstanding mortgage

so she has both the legal and financial means of continuing to live in your home if you die.