My ex husband has just completed his trust deed after 4 years. When we separated he took a protected trust deed which I had no knowledge of. I only found out when I applied to remortgage on my own. Obviously I was unable to do it at that time. Can I now go ahead and get my own mortgage. He has received the form 5.ย
Your ex-husband's trustee should have lifted the inhibition that was registered against the property prior to registering the Form 5.ย So yes, assuming you meet the lender's requirements in terms of affordability etc then you should b able to remortgage the property now.
@kevin-mapstone Thanks Kevin is there any way I can check this prior to applying for a mortgage
You would check this on the Register of Inhibitions and Adjudications which can be accessed online from Registers of Scotland, though I think you would need to register an account with them first.ย Might be easier to ask your solicitor to do it for you as they will do this kind of check routinely.