House in Wife's Name

newborn said:
Hi
The house is in my wifes name, done this way for stamp duty reasons at the time...........although I am paying the repayments.........i may end up with a judgement soon. Is the family home safe from an attaching judgement mortage ? My name is not on the title but can a bank infer a beneficial, although not legal interest by my making the repayments ? To be clear the house was bought when there was no financial pressure issues so no case can be made that I was trying to evade creditors at the time.............
Thanks to anyone who cares to comment............
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Unless I have missed something ....wouldn't the mortgage here already be secured against the property.

Newborn are you trying to say that there is the family home which is just in your wife's name, but that you have a mortgage just in your name which is not currently being paid?
I would have thought that the bank could get a monetary judgement and also apply for possession of the property, as their charge document would entitle them to do that. The owner (your wife) whilst the owner is subject to the banks right to enforce its security. Brendan, that would be right under Irish law as well wouldn't it. Otherwise what is the point of the mortgage.#

Steve
 
Assumption is that the mortgage is in the names of MR & Mrs Newborn. Property in the name of Mrs Newborn only.
The debt that Newborn is referring to is not the mortgage (assumption is that there is no issue with mortgage payments). Core question related to whether a judgement taken against Newborn could be registered as a JM against a property in the sole name of his wife!
 
44brendan said:
Assumption is that the mortgage is in the names of MR & Mrs Newborn. Property in the name of Mrs Newborn only.
The debt that Newborn is referring to is not the mortgage (assumption is that there is no issue with mortgage payments). Core question related to whether a judgement taken against Newborn could be registered as a JM against a property in the sole name of his wife!
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Yes this is the question.....my query really centred around whether the bank could infer some interest of mine in the home as I (not my wife) am paying the mortgage although her name solely is on the title and therefater attach the judgement mortgage. But from what i gather this would not seem possible for the Bank to do..............
 
Newborn you cannot be sure of this unless you have some caselaw to back it up. There is such case law on people getting an equitable interest where they were neither on the deeds nor on the mortgage.

Certainly you cannot rely on a website such as AAM. You'd want full legal advice.
 
newborn said:
Yes this is the question.....my query really centred around whether the bank could infer some interest of mine in the home as I (not my wife) am paying the mortgage although her name solely is on the title and therefater attach the judgement mortgage. But from what i gather this would not seem possible for the Bank to do..............
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In the UK if you have a joint mortgage and you pay it, then you would be deemed to have a beneficial interest in the property. If you went bankrupt there would be a danger that the Official receiver would argue that you had entered into a transaction defrauding creditors. Thye may be successful. If I was acting for the creditor, I would seek to register the Judgment as I would argue that you had an interest in that property. There in is your dilemma, as we all have a different opinion. Time for paid for legal advice, (which you can sue on if wrong).
 
Steve Thatcher said:
In the UK if you have a joint mortgage and you pay it, then you would be deemed to have a beneficial interest in the property. If you went bankrupt there would be a danger that the Official receiver would argue that you had entered into a transaction defrauding creditors. Thye may be successful. If I was acting for the creditor, I would seek to register the Judgment as I would argue that you had an interest in that property. There in is your dilemma, as we all have a different opinion. Time for paid for legal advice, (which you can sue on if wrong).
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Thanks to all for their views.....it would appear legal advice with duty of care etc is in order.....
Re idea that some creditors were defrauded......given that there was no distress at the time of the mortgage being drawn down / house bought then my understanding is that this would be a difficult argument for a creditor to propose. Surely they would have to establish at what point in time financial distress began and perhaps mortgage payments after that point should have come to the creditor.......

Alleging that I have some beneficial interest in the property is all very well but surely a difficult thing to establish conclusively when faced with the bald fact that the legal interest in the house is not owned by me......
 
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