ABSTRACT
Especially if there is not much equity in the home, the spouse out of occupation is all too likely to default on the mortgage, whereas if there is significant equity there will be a temptation to raise money, or further money, by mortgaging the home or taking out a second mortgage or loan for which the equity in the home is again given as security. Case law has shown that legal advisers need to be on the watch for both of these situations.
