I am in the process of both divorcing and selling the former matrimonial home. I have just found outburst my ex had a trust deed. There is approx £22k negative equity on the house and I am awaiting word re shortfall agreement. There s asks joint debt in the form of unpaid council tax and an overdraft. How does her trust deed affect me?
Hi Bendy and welcome to the forum.
If your ex had a Trust Deed then any debt which was incurred either jointly or individually prior to signing the Trust Deed can be included and what that effectively means is that if you ex completed the Trust Deed then they are now no longer legally liable for any the debt.
If you had joint debt then you are joint and severally liable which means that you are both fully responsible for the total debt that you have. If your ex completed the Trust Deed then any joint debt you will be liable to repay back and could find that the creditors pursue you for the balance.
If there is a property which is being sold with a shortfall then again, your ex will be protected from this by the Trust Deed and the lender can pursue you for the full balance of £22,000.
What do you think your individual debt (if you have any) totals along with the joint debt?
Also, do you have the facilities to repay the joint debt with your ex? If not, you may need to consider your options to deal with the debt and protect yourself.
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I'm afraid you may well find that you will be left to repay much of this shortfall and any other joint debts yourself. Do you know if your ex's Trust Deed has already finished, or is it still ongoing?
If it is still ongoing then the mortgage lender could make a claim in the Trust Deed if they haven't already and some of the shortfall may be repaid from her Trust Deed.
I don't know the ins and outs of any divorce settlement either, but I would certainly make your solicitor aware of this if they aren't already - it might be work in your favour if there are any other marital assets to be dealt with