Morning

This is a common issue that can arise with Trust Deeds and Sequestrations.

DBHA21 , the minute of agreement is an agreement between the two individuals. In divorce proceedings, unless the minute has been implemented i.e. transferred into Nettie's name, then the trustee does retain an interest in the property. In practice, what you are suggesting can be taken into consideration but does not alter the legal position of the matter and in my experience, would not be overruled by the court.

Nettie, the Trustee would review this situation sensitively and as Kevin correctly highlighted you are afforded statutory protection. Raising legal action is a last resort where all attempts to negotiate a deal has failed. Legal proceedings are expensive and the benefit of raising an action can outweigh the potential benefit to the Trust Deed.

I would recommend seeing legal advice on the matter and opening dialogue with the Trustee to see if a deal can be done.

Please keep up posted.