Family home protection act 1976

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Moral Ethos

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Is it normal for the other spouse to receive separate legal advice where a mortgage is being taken out for a property in the name of the other spouse?
 
No, but it is the right way to do it - there's always a risk of coercion by one spouse.

What sometimes happens is that another solicitor in the firm will have a quick to the spouse to be sure that s/he understands and is happy to go along.
 
Moral Ethos said:
Is it normal for the other spouse to receive separate legal advice where a mortgage is being taken out for a property in the name of the other spouse?
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This is Section 3 of the 1976 Family Home Protection Act.

3.—(1) Where a spouse, without the prior consent in writing of the other spouse, purports to convey any interest in the family home to any person except the other spouse, then, subject to subsections (2) and (3) and section 4, the purported conveyance shall be void.

I'm not sure what you are really asking. If this is about a family home, it is vital that a non owning spouse understands the implications of the owning spouse mortgaging and consents to that mortgage of a family home.

If it is not a family home, then there are still implications for a non owning spouse. To do with a build up of debt in a marital situation that may have far reaching implications for a family's assets, however they are held.

mf
 
It is normal.

I bought my house when I was single. I got a top-up mortgage after I was married. Deeds still in my name (or the banks, if you look at it that way!). The bank wouldn't sign off on the top-up if I didn't demonstrate that my wife got independant legal advise.
 
Yes, as a spouse you have a legal right to their property. If the mortgage is being taken out in one name, the other spouse must get all legal advise to ensure they know where they stand.
 
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