Q I am instructed by a husband and wife and by the lender in connection with a remortgage.

The property is registered in the name of the husband alone but both he and his wife live there and the wife probably has an equitable interest in the property.

The wife has signed the mortgage document as well as the husband.

One of my colleagues thinks there is a conflict of interests and I shouldn't be acting for both of them.

Is that correct?

A There may be a conflict if the wife will be (or could be) worse off through being a party to the mortgage.

If you are acting for the wife, you will have a duty to advise her on the potential, or actual, consequences for her if she proceeds with the remortgage.

You will have a conflict if the advice you should give the wife would be contrary to the best interests of the husband.

If there is a conflict, you will need to advise the wife to take her own separate legal advice.

If you are particularly concerned about the wife not understanding the situation or possible duress, you may need to insist on verifying that such advice has been given to her.

If she refuses to take separate legal advice, you will have to take a view on whether you can proceed or not.

This may depend on how grave you consider the disadvantages are to the wife in proceeding or, in not proceeding, with the remortgage.

You may also be worried about a possible claim against you if the wife goes ahead and suffers as a result.

Telephone hotline

The Law Society's professional ethics lines are open for general enquiries between 11am and 1pm, and 2pm and 4pm.

The lines are less busy in the afternoon.

The team takes emergency calls outside these hours, tel: 0870 606 2577.

Question of ethics is compiled by the Law Society's professional ethics guidance team.

Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch