NSW Guarantor to Husband's Loan - Consequences if We Separated?

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ada

Member
1 September 2016
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My husband set up a unit trust for buying a property. His family trust is allocated units in the unit trust. I have been added as a Guarantor on his loan but not a beneficiary on his family trust.

Can you let me know how this will impact me in an unforeseeable event such as a marriage breakdown? He is unable to pay his debt and death.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Separation and/or divorce will have no effect on the loan contract or on your obligations as guarantor.
You can't divorce a loan contract.
You can, as part of a property settlement in a divorce, negotiate to exit the guarantorship,

And that non-specific feeling in the bottom of your gut
that something odd is going on here?
You are not being paranoid.
Take yourself to a lawyer of your own, and get formal advice about your situation.
 
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