Hello Curriebaws and welcome.

Is there equity in the home? (Subtract the mortgage balance(s) from what you believe the property to be worth to work this out.)

Is your mortgage held in joint names as well as the property being jointly owned?

Hi curriebaws

In order to have the house transferred into your own name you would have to deal with your ex's trustee, as it can't happen without their say-so. They will only agree to it if your ex partner's share of any equity in the property (or a suitable offer) is paid across to them.

Do you know the likely equity in the house, ie how much the value of the property exceeds the mortgage and any other debts secured against it?

I am afraid that it may be possible for the trustee to force a sale - however please don't panic as such situations are quite rare! A lot depends upon the circumstances - such as the amount of equity, how long since you split up etc - and you do have rights in this situation to ensure that your interests are considered.

The trustee should be able to advise the length of the trust deed, though the usual period is 3 years.

Your credit rating should not be affected, though your ex may be listed as an "associated person" on your file, which could affect you indirectly. You may wish to look into getting a "notice of dissociation" arranged with the credit reference agencies.

Can you ask your ex what arrangements were made with his trustee regarding the joint property? If not, you could always approach his trustee yourself to find out the situation. If there is no equity in the property, then you can purchase the Trustee's interest in your property for a nominal sum- normally £500.

Thank you for your below responses.

I have spoken to my ex and he told me he stopped paying his Trust Deed about 1year ago as he couldn't afford the payments along with the money that was being arrested from his wages. I thought this would have rendered the Trust Deed void and the companies would again be free to contact him for the full amount, is this true? Will the Trust Deeds interest in my home automatically cease?

He doesn't remember who he took the Trust Deed out with, is there anyway I can find this out so I can speak to them?

Thanks

Hi Curriebaws.

It isn't automatic that the trust deed will have ended.

Could you let me know the answers to the questions that I asked previously? It might help us to give you some useful information.

I don't believe there is any equity in the house.

The house deeds & mortgage are in joint names.

You could register on the AIB website (it's free) and that would let you search for details of your ex's trust deed and who the trustee is. I don't know if the trustee would agree to speak to you as you aren't their client.

Could you expand on the inhibition? Was this put in place by your ex or by a creditor.

Mark