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Scottish Trust Deed Forum
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Topic starter
29/08/2016 2:09 pm
My ex partner and I have 2 seperate trust deeds (still running after 13yrs) long story.Morgage is still in both names although he has not been at address for over 12yrs.
Can I have his name removed from morgage ( he is agreeing to sign over) even though trust deeds are still ongoing.
There was no equity on prop when he left and I have paid morgage myself over last 12 yrs.
I am dealing with my trust deed although my ex has defaulted.
I would appreciate any advice on this matter
D
30/08/2016 8:53 am
Good morning drowning47. Having a name removed from a mortgage and transferring the ownership of a property into a sole name are two different things.
The first may be possible if your mortgage lender is willing to allow it. However, the transferring of the property just into your name is going to require your ex's trustee's consent.
The equity in the property would be relevant too - is there an agreement for dealing with equity already in place? The property becoming yours may simply mean that you have to "buy out" your husband's share too.
I'm a bit confused though. In your previous post a few months ago you had said that you were in year 3 of your Trust Deed, not year 13??
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