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help with ex's trust deed joint loan

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(@lions67)
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Joined: 14 years ago
Posts: 1
Topic starter  

Looking for some help. I have just recently divorced from my partner. We have a loan which we still continued to pay haf each to. She has now taken out a trust deed which includes such but i have now been told i am liable for the full amount of the loan. can you shed any light on this as i dont see why its all my debt now! thanks


   
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(@trustdeed1)
Reputable Member
Joined: 15 years ago
Posts: 280
 

Is the loan actually in both your names? If so it's my understanding that her half should go in the trust deed and you would only still be liable for your own half. It's worth calling the loan company to verify this with them.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Welcome to the trust deed forum lions67.

I wish I had better news for you.

It has always been all your debt. It was also all your ex's as well. On joint loans there is something called "joint and several liability" which means the lender can chase either or both of you for the full balance.

As your ex is now in a trust deed they are likely to seek the full repayments and full balance from you.

The only good news is that some of the balance should eventually be repaid from the trust deed, but that is some time away I'm afraid.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@prenticebaby)
Trusted Member
Joined: 14 years ago
Posts: 93
 

Hi,
I am in a protected TD and had a joint bank account with RBS with an overdraft. RBS chased my partner for the outstanding overdraft amount. It doesn't seem fair on the other party but I guess that's just how it is I'm afraid.

L Campbell


   
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(@trustdeed1)
Reputable Member
Joined: 15 years ago
Posts: 280
 

Oh wow im actually shocked at that td assistant, I honestly thoguht he would only be liable for half of the debt.


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

It's a common misconception gillianr2, and one that's easily assumed to be the case as it seems so logical that this is how it would be handled.

That's not how the lenders write the loan or account agreements though!

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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