If the property of a spouse or civil partner1 is mortgaged or charged in order to raise money for the payment of the other spouse's or civil partner's debts, or otherwise for the other spouse's or civil partner's benefit, it is presumed, in the absence of evidence showing an intention to the contrary, that the first spouse or civil partner meant to charge the property merely by way of security, and in such case that spouse or civil partner is in the position of surety, and is entitled to be indemnified by the other spouse or civil partner, and
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