Husband guaranteed his friends mortgage so I want to separate.

[HoveactuallyBrighton]

Exactly what the thread title says.
Our home's at risk if his friend can't pay the mortgage.

What happens to the mortgage guarantee when we separate?

You are correct, anyone living rent free and contributing to household costs is classed as having a beneficial interest, they could also make a claim for estoppel, therefore when lenders put a charge on they ask for other residence who have a potential claim to sign away that right.

The OP almost certainly can claim beneficial interest and quite possibly proprietary estoppel, which may not be enough to stay, but would certainly jam the gears of any repossession.

I would imagine OPs husband would also need the OK from his mortgage provider who have the first charge on the property.

Of course she is entitled to a good chunk of the value of the house.

If she is married to him, she is. 50% if earning the same, far more if earning less and being the main carer of the children.

OP literally states in the title that she wants to separate. She's made her decision. Whether people on here think it's right or not is irrelevant. They're not the ones in the marriage.

As for putting things right, she can't work on a marriage all by herself and he won't even have a simple civil conversation with her.

He sounds abusive. He treats her like shit. OPs had enough. It's pretty clear the marriage is dead.

OP this is chat forum. I suggest you post again in divorce forum for practical advice on how to do that and maybe in relationship forum if you want to pick over his behaviour (I'd mention you already have a thread in divorce forum if you want to keep the two issues separate).

Is he very involved with these DC he wanted so much or does it all get left to you? It would seem he has possibly deliberately tried to set up a situation where you can't leave. He thinks not putting you on the deeds means you're not entitled to anything from the house value or at least that's what he wants you to believe, so you think if you leave you'll be homeless. He's used DC to create a situation where you have no choice but to give up work. I can well imagine how the conversation would have gone if you'd suggested both of you compromise on work hours freeing you both up to do some childcare so that you could return to work after maternity leave. I'm guessing there was no view that formal childcare costs be split between you either and that you ended up in a situation where if you'd have returned to work you'd have had to pay for all the formal child care yourself out of your sole wages, making a return to work impossible if it would cost more than your wages. So now you have no job, making it even harder for you to leave. If you don't have access to money without him knowing how it's been spent, ensure you mention that in your divorce thread so people can advise appropriately.

To answer the question directly, as you are not on the deeds / mortgage, and not a guarantor, you personally have no liability.

You could walk away with nothing, but no debt from this.

Oh, it sounds as though she wants a lot more than that.

And she probably is entitled to a lot more, maybe half, but worst case she can't be held to his debts.

Children and I need money to live on.

You don't have a legal registered interest though. A homes rights notice is a beneficial interest, an indication that there is an third party interest in the property in the background.
I'm guessing a charge or restriction has been entered onto the register in respect of the friends charge. Only a restriction would result in notification. You could set up a free property alert with the land registry which would notify you of any further applications against the house.

In any case, you need proper legal advice on where you stand.

@HoveactuallyBrighton

You really really need to see a solicitor, pronto. Beg, borrow, or steal the money.

It was a really shitty thing to do without discussing it with you first or at least telling you in advance so you could make your plans. But he is the 'sole owner' of the house (I assume it was bought before the marriage?) so I guess he can do what he wants. If the house was bought AFTER your marriage, it may be a different story.

As to whether or not you are personally liable if this 'friend' defaults on his mortgage, that's a good question for a solicitor. I'd think not as you're not a 'legal owner' of the property (again it may make a difference if bought after marriage), you just have the registered right to live there.

You may have registered your home rights, but from what I can tell (IANAL) that wouldn't stop the home from being seized by creditors if your prat of a husband and his prat of a friend default on their obligations to the mortgage company.

https://england.shelter.org.uk/housing_advice/homelessness/marital_home_rights#:~:text=But%20you%20can%20register%20home,for%20your%20ex%20to%20sell.

Come on, the likely hood of that is nearly non existent. It’s a bridging loan, so short term, based on funds for property one being sold and coming through, then it’s paid off. It’s going to be for likely 2 or 3 months.

i get the op panicking, although I’m unsure why her and her husband can’t talk about it. But I don’t get posters like you panicking more than her.

Haven't read whole thread but you need to find out what your OP is guarantor for. If it's the bridging loan that's short term. Could be a matter of weeks. If it's for friends mortgage that's more worrying but it's unlikely. However what you need advice on is why you aren't on the deeds. Go to a solicitor. I wouldn't leave because of a bridging loan but I may be quite annoyed about the deeds.

Noooo silly. That's not right at all

What is he getting angry and stomping off. OP is he generally controlling and rude? Are you safe?

Yeah I'd take my half before he loses it all.

He guaranteed his friends mortgage but you are not even on the deeds of your house? You are correct in considering leaving him.

And why any sensible person never marries unless their marriage partner has an equal value property.
It works for men, too- they can walk off with half of a woman's assets.

Is he often like this, making big decisions without including you?

OP, your explanation of what's happened is (entirely understandably!) very confused - is there 1 house being sold or 2, is this a new situation or something that was set up some time ago?

Whatever the situation though it clearly needs proper legal advice, so I suggest you write a timeline of all the things you know for certain, when they happened, when you found out etc; second list of things you don't know for certain but suspect: and then a third list of your worries and questions. That way, when you see a solicitor you can set out the situation as quickly and clearly as possible.

Are there cultural aspects at play here OP? Sounds like it re giving loans friends like that.

Get your ducks in a row. Get legal advice. Start planning and saving away from husband. This will.only Get worse. He's taking such big decisions without consulting you because he doesn't give a shit about what you think. He doesn't care what you think because he is selfish and sees you as the maid not a wife or loving companion. Don't waste any more years on him. Go. And don't look back.

Based on OP's posts so far, why would he see her as a loyal wife?

Gaslighting is not just another word for lying. The amount of people who think it is, is quite astonishing

That's not true. There is no entitlement to 50/50.

It depends on the individual circumstances - length of marriage, children, assets brought into the marriage etc..

Ridiculous that your husband thinks he can unilaterally make such a critical decision. As you said, if his friend defaults then you are on the hook. He’s got some cheek saying he can decide alone , totally no respect for you nor does he see you as a partner

It's not clear from these posts what the situation actually is. OP you really need to find out.

You say it sold on rightmove but unless you mean rightmove sold prices which is from the land registry the rightmove bit isn't relevant really. If the house has actually sold and completed there is no bridging loan so the guarantee is for the mortgage but surely that isn't it.

If it is a bridging loan is it open or closed. Closed means legally binding contracts signed so it's just short term. If its open any sale, if there is one, is subject to contract and may fall through. That is much higher risk.

Your husband is only guarantor so it's only an issue if friend can't pay. Is this likely?

You not being on deeds is a separate issue. It's good you registered your matrimonial interest so at least he hadn't posted your home as collateral as you would know. Not that it stops risk of repossession if the guarantor risk means he can't pay your mortgage!