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Scottish Trust Deed Forum
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Topic starter
24/10/2009 11:28 am
Hi all
I'm new to the forum. The postings have been very informative as I am in a Trust Deed.
I have a question about my trust deed and wonder if anyone could help as i have been unable to get a straight answer from the staff in the trustee office.
I signed a Trust Deed in 21st August 09. I was divorced in February 2004 and as part of the settlement I signed over my part of the house to my wife and this was in the minute of agreement with other things. Since then she has made the mortgage payments.
Can my trustee have an interest in the house still?
Any help would be appreciated.
Gerry
24/10/2009 11:59 am
Hi Genie
Welcome to the forum. There are a couple of points here. Generally the Trustee can look at assets transferred/sold etc within a 5year period from the date of the Trust Deed backwards (if that makes sense.) The transaction appears to be outwith the period.
Probably a more important point is the minute of agreement. This should have been followed up by a formal conveyance of the property and not left just as a signed minute of agreement. If there has not been a formal conveyance, then the property is regarded as still being in joint names and the Trustee can claim an interest.
I hope this helps.
Mark
Mark is not posting regularly in the Trust-deed.co.uk forum.
