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Living OS with mortgage in Ireland

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  • 15-05-2012 4:09pm
    #1
    U R Soul
    Closed Accounts Posts: 20 ✭


    Heres the story.

    I bought a house with my then partner a few years back. She now lives in it and Im now living abroad.

    My name is still on the mortgage and deeds but she pays the mortgage. I am prepard to forgo any claim on the house and we are hoping the bank will let her take on the mortgage alone....

    My question is, if the bank doesnt agree to this and for whatever reason she defaults. Will they/can they come after me if Im living abroad?

    Do the banks have jurisdictions or is their reach global?


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    #2
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    U R Soul wrote: »
    Heres the story.

    I bought a house with my then partner a few years back. She now lives in it and Im now living abroad.

    My name is still on the mortgage and deeds but she pays the mortgage. I am prepard to forgo any claim on the house and we are hoping the bank will let her take on the mortgage alone....

    My question is, if the bank doesnt agree to this and for whatever reason she defaults. Will they/can they come after me if Im living abroad?

    Do the banks have jurisdictions or is their reach global?

    You are fully liable for the property. You are both basically equally and severally liable at this point for the full balance.

    If its to be in her name only she would need to satisfy lending criteria to be able to qualify her for a mortgage for the balance on the current mortgage. If not the bank will not remove your name on it.

    I have heard of them going for people abroad, more difficult. The jurisdiction in terms of court action would be were the contract was entered into so would be in Ireland. They could serve you with proceedings abroad and the proceedings will take place in Ireland. They use agents in different countries to serve people.

    I am not saying this happens all the time but definitely does happen.

    Ultimately if it does happen that she stops paying then you have a responsibility to pay it so would put pressure on the bank and herself to get everything in order to remove your liability.


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