Welcome to the forum June47.

What a frustrating experience this must be for you.

Is the issue here that you're supposed to release equity but you cannot because your ex isn't available to participate in such a process?

Yes I feel like im stuck here in this position and cant move on and dont know how to resolve

Hello again June47.

I'm afraid that I don't think that I have an easy solution to offer.

Hopefully Kevin and/or David might have some thoughts about how such deadlocked scenarios can eventually be resolved.

Hi June47. You must feel very helpless about this scenario.

I fear there are no easy answers here, unless you are able to find the money to buy out the trustee's interest in the property. How much equity was meant to be paid? Have you been making any payments for the last few years?

In truth, it sounds like the trustee has maybe been postponing dealing with the property (ie potentially forcing a sale) because of the circumstances. However, the result has meant that you have been left in limbo. The alternative may be similarly unpalatable for you too though.

Hi June47 and welcome to the forum.

Like Kevin, I don't think there are any easy answers or solutions here.

At the start of the Trust Deed how much equity was in the property and how much did you both agree to pay over?

Also, how much equity do you think your property has in today's market?

What the Trustee is looking for is your partners share of the equity. If they receive this then that could enable you to be discharged and also the Trustee can give an assurance that nothing will happen to the property.

Unfortunately if the equity in your property is substantial then it could result in the Trustee considering the sale of the property to try and ingather your ex-partners half share. I'm sorry this isn't more positive news.

The best thing to do is pick up the phone to the Trustee and try and move things forward.

Once you have spoken to the Trustee to clarify the position and what their expectations are please let us know and we can advise you further.

Thank you all for your response. I have spoke to my TD company and they have now applied for Sequestration.

Unless my ex turns up and signs paperwork to release the equity on my prop. There is a large sum of equity available.

When we first took out TD they did release the equity of around 1400pds, My property was valued at 37,000 and my mortgage at that point was for 36,000 so when my partner left there was only 1,000pds equity. Since I have paid mortgage myself since then. I can prove this via my bank acc.

Can they still try and get equity from property for his trust deed even though he not paid anything toward mortgage for over 10yrs.

I take it you mean that they have applied to sequestrate your ex, not yourself?

They certainly can, and probably will, look for a half share of the current equity position of the property. However, that doesn't mean that you cannot fight it, potentially in court if necessary.

There is a precedent in case law of a situation similar to yours, where someone successfully argued the very point that you are making. If it comes to it then this could be the basis of your argument, though you may well need a solicitor to deal with this on your behalf - which unfortunately normally comes with at a price unless you have a free law centre near you.

Thank you Kevin, your advice has been really helpful. When the trust deed started and they originally done a remortgage it left £1000pd equity. My partner left soon after that so could I argue that as I paid mortgage on my own since that time my ex is only entitled to half that amount.

Potentially, though I couldn't give you any assurances as to how likely you are to be successful.