Good Evening,
When my partner separated from her husband 5 years ago, part of the agreement regarding the property they both resided in was as follows, the property was valued at £425,000, the property was close to being repossessed, when a prospective buyer came in with an offer of their property (value £239,000) + £150,000 cash, the cash was split with the husband receiving £50,000 and my partner receiving £100,000 which went towards the mortgage on the house which was part of the overall deal.
This is where we require advice, a document was agreed between my partner and her husband, titled "trust deed" this document states that when my partner sells this property he is entitled to 8% of the profit, we are OK with this, but we are about to remortgage as a couple and would like to pay the husband off i.e 8% of the equity around £8,000, can he say no and wait until we are forced to sell, or does he have to except our offer and then be removed from having any further involvement with our property?
i am sorry if this seems muddled, but we are very confused.
Thanking you in advance for any help.
Hi Darren
I'm afraid the type of trust deed you are referring to is different to the one which this forum is concerned with - a personal insolvency procedure. A such I don't think we are going to be able to help you - maybe you will need to consult a solicitor?
Hi Darren.
I'm afraid this site probably isn't going to be able to help you with this question.
The term "trust deed" has a number of meanings. We cover "protected trust deeds" which are a personal insolvency procedure under Scottish law.
I think you're asking about a legal agreement pertaining to a property. If so that's not something we have any professional knowledge about and would suggest you seek legal advice.