Oireachtas Joint and Select Committees

Wednesday, 30 April 2014

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland

11:50 am

Photo of Aideen HaydenAideen Hayden (Labour) | Oireachtas source

I agree with Mr. O'Connor on that issue. Another issue that arose was the assignee's role in respect of joint tenancies. Effectively what he said is that a joint tenancy in a bankruptcy situation is severed and the bankrupt's portion rests with the assignee and bankruptcy. I am wondering what can be done in terms of legal change. An area about which I am very concerned is the position of separated couples and couples where the relationship has broken down. In my personal practical experience, it is proving to be incredibly difficult in relation to the code of conduct on mortgage arrears and in trying to deal with any debt. Is there any logic as to why we could not change the law to sever the mortgage as well? It seems illogical that the joint tenancy can be severed while leaving the mortgage on that property extant, in other words, with the remaining mortgage holder liable for the entire debt. That is one aspect of the question. The other aspect is what we need to do to cover adequately the position of partners and couples where the relationship has broken down, because I think we are falling into a major black hole in this area?

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