IHTM28211 - Investigating liabilities: mortgages (doctrine of exoneration)

When there is a mortgage or charge on a property solely owned by a married woman you will need to consider the possible application of the doctrine of exoneration. The mortgage or charge may have been incurred in order to raise money for the payment of her husband’s debts. In the absence of evidence to the contrary you should assume that it was her intention to merely to charge her property by way of security, and that she is entitled to be indemnified by her husband. The outcome is that the debt will be removed from the wife’s estate and thrown against that of her husband. You should refer cases where this is likely to be in point to TG.