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seperation and joint debts in trust deed

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(@annie16)
Active Member
Joined: 12 years ago
Posts: 5
Topic starter  

My husband and i entered seperate trust deeds but some of the debts say J which i assume means joint. I have been discharged, got my for 5, but the trustee is not discharged yet. Because of periods of unemployment, my husband still has a year to go before he meets the agreed amount to pay. We have a secured loan to our house that has 4 years to run and the trust deed stated that the house was void or words to that effect. Sorry this is taking so long!! We seperated 6 months ago ammicably, my husband has just got his review papers to look at income and expenditure. We never told the trustee because we are still paying our secured loan and to be honest because i was coming to the end of TD, it didnt really occur to either of us that we should. Now we are not sure what to do re competing the income /expenditure info, do we just put his income etc or would it still be both of our income expenditure, he is staying with family and paying rent, and paying half of relevant financial commitments that we have jointly e.g life ins, secured loan etc. He is keeping to the agreed payments and doesn't have any scope to increase this, if we put both our incomes down as if we are still together, it could look like we have spare cash, which neither of us do, as i am paying mortgage and all household bills. Would i be expected to still contribute to the joint debts even if i have been discharged....not sure what to do here for the best...sorry this is so long, but don't want to do anything that would jeopordise him finishing his TD and being discharged, or anything that will mean he will be asked to pay more or i will be asked to pay...do you have any advise, we are not trying to be dishonest, i paid all my agreed payments for 4 and a half years and he has also been paying his anounts for 3 and a half years, many thanks


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

Hi annie16.

Your husband should present an updated version of his income and expenditure along with an explanation of the changed circumstances. His trustee will then be able to calculate a contribution that's affordable for him and fair to his creditors.

You have no further responsibility to joint debts covered by your trust deed.

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


   
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(@annie16)
Active Member
Joined: 12 years ago
Posts: 5
Topic starter  

thank you TDA, i thought thats what he should do, seems straightforward enough, but thought there maybe further expectations on myself, many thanks for taking the time to reply.


   
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David Tannock
(@david-tannock)
Famed Member
Joined: 12 years ago
Posts: 2581
 

Hi annie16,

Well done on reaching this point and successfully completing your Trust Deed.

If you have received your Form 5 then you are now free from your Trust Deed and discharged from all of the debts that you had including any liability for joint debts with your husband.

As TDA has advised, your husband should provide his Trustee with a breakdown of his budget and the Trustee can then take it from there.

How did you find the Trust Deed process annie16?

David is not currently posting in the Trust-Deed.co.uk forum


   
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