Not sure what to do here - my partner and I are both in protected trust deed and now looking at seperating. To prevent the kids having any more upheaval my in laws are offerring to settle the trust deeds and let us part company. If they do this can I then sell the property and if so how long do I have to wait?
If we dont do this and sell the house and a profit is made on the sale - is it the remaining balance of the trust deed that is payable or the full debt balance before trust deed was agreed?
Welcome to the forum 1012.
Your trustee(s) may or may not be prepared to allow your in-laws to repay the remaining contributions of your trust deed in return for an early discharge. You'll need to contact the trustee(s) to check.
Some will:
1 - Allow the remaining contributions to be paid by a third party in return for an early discharge.
2 - Allow the remaining contributions to be paid by a third party but delay discharge until the point at which it was originally intended to happen. This would be to ensure that your creditors can continue to benefit from any windfalls that come your way.
3 - Refuse an early discharge unless the third party pays over a sum that will fully clear your debts, interest on the debts and the fees/costs of the trust deed.
Do you expect there to be a profit on the sale of the home? It would be yours to keep if you've been formally discharged, but I'm wondering whether the trustee also believes that there is equity in the property? Has a valuation been done by them that suggested there would be? Is there any agreement in place about how your property will be dealt with by your trust deeds?
In terms of your last question, if you sell the home and you're not discharged the profit could be used to repay your full debt balances, interest on the debts and the fees/costs of the trust deed.
Im in a protected trust deed but there is no equity or very little in the way of profit in it - there was a valuation carried out when entering trust deed. Im just weighing everything up and not sure the best solution for me. My in laws are merely concerned about the kids and are offerring assistance now they know the situation.
Hi 1012.
It's very kind of your in-laws to offer to help in this way.
There's certainly no harm in asking your trustee about how they'd view the offer of third party funds to bring your protected trust deeds to an early end.