Joint Owners - Joint Debt?

[Mrs_Pegasus]

If a loan has been taken out on a house in joint names (loan in joint names). Can one of the debtors go to court to remove the other from the ownership? Wouldnt the creditors have a say?

[Oneeyedvic]

Yes, a loan taken out in joint names will make it clear that each party is "jointly and severally liable".

The only issues I can see are if may be if one of the partners can say that they either did not know (fraud) or if they were coerced into it (husband asked wife just to sign here).

Most lenders will now state that both parties should get independent legal advice (which is a bit of a joke) and certainly I have seen lenders make a condition that if a secured loan is to a business where the husband is a director but the wife is not an officer of the company, the wife must get seperate legal advice from her husband.

I think this answers your question - having just reread your question, I am not sure. If you are asking if one person can essentially be just dropped asa owner of the house then no - the charges register on the deeds will state that no change in owners can take place without their written consent)

[lady2006]

my mother signed up for a loan with major bank for my couson she also signed for a tv dvd etc with a certian retailer

both of which she was told my cousons would pay but wasnt

my question is this.... what should she do next as she only has state pension & cant afford any payments