COMMENT:

Q. My wife and I have separated after 14 years of marriage. We have two children aged eight and ten. We agreed that my wife would own the family home which has a small mortgage and I will own our other two properties (our bach and a rental), which have a large mortgage over them. We agreed we would each be responsible for paying the mortgages on our property(s).

A couple of months ago, my wife left her job for no reason and stopped paying the mortgage on the family home. The bank is chasing me for payment, even though I have advised them of the situation. Is there any way around this? The mortgages are still in both our names.

Also, we have a family trust which contains these three properties. My wife and I are trustees and the beneficiaries are my wife, myself and our two children. What happens with the trust?

A. Your mortgage

Unfortunately, since the mortgages are in both of your names and would be considered relationship debts, you are both jointly and severally liable to the bank for the payments. This is

Advertisement
Advertisement