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Mortgage on Wife’s Property

If a wife inherits an apartment building, can the husband take out a mortgage for use other then improving the building , for example, to play the stock market or vacations?


A husband cannot take out a mortgage on his wife’s property, for any purpose, without her permission.

Although the “fruit” of the property will under regular circumstances belong to the husband (meaning, the rent money if there is, and so on), the actual asset belongs to the wife, and not to the husband.

Because the actual house belongs to the wife, it follows that a mortgage, which “enslaves” the property to a loan, can only be taken out with permission of the owner (whereby the husband will be serving as the shaliach of the wife).

Best wishes.

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