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transfer of property during trust deed

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(@ambertails)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Hi all,

my partner and i are about to split up and we have a house together [:(]. We also are in a trust deed [:(]. I don't want to involve my Trust Deed company just yet until i know what my partner wants to do with the house ie sell or keep. He earns quite a bit more than me so would be able to afford the mortgage on his own whereas i wouldn't. Does anybody know if a transfer of property has either been or can be done whilst in a trust deed? Our mortgage is with the Nationwide if that helps anybody.

Many thanks in advance to anybody with any ideas.


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

Hi ambertails.

I'm not sure that could happen without the consent of the trustee.

Is there equity in the property?

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


   
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(@ambertails)
Active Member
Joined: 13 years ago
Posts: 14
Topic starter  

Hi TDA,
many thanks for your quick reply. I thought that we would need the trustees permission.
I have no idea if there is any equity but i do know that my partner would have to buy me out. We had to extend our deed for 2 years to repay the equity that we alledgedly had. The deed ends in August next year. Our mortgage is now less than what we paid for the property so i would imagine that there probably would be some equity which i'm assuming the trustee would want?[xx(]


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 17 years ago
Posts: 4253
 

That's right, ambertails, your partner would need to buy out the trustee's interest in your half share of the equity if a transfer of title is to take place.
I guess the other unknown quantity is whether your partner is going to ba able to get a mortgage in his sole name.

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
 

Hi ambertails

You would need the consent of the trustee, however it could be done as a fairly simple disposition transferring your interest. This however would not affect the rights of the Nationwide mortgage company without their agreement as the mortgage would not change unless a remortgage took place. If that makes sense.

Mark

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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