Hi sillyboy2 and welcome to the forum.

If you contend that you are owed money you'll need to approach the her trustee (the person/firm handling her protected trust deed).

They'll likely ask you to prove that money is owed to you.

If they accept your proof you'll become another creditor of the protected trust deed.

Once it's finished you may receive a proportion of what you contend is due to you, but the remainder will be legally written off.

Thanks for quick reply , i think the totals is an awful lot more than her trust deed is for, could i apply to make her bankrupt?

If her trust deed is protected you're not in a position to enforce any debt that is, or you contend is, due to you sillyboy2. That's the "protected" element of the trust deed that your ex now benefits from.

The appropriate route at this stage would be to contact the trustee to make your case.

Thanks again .
If any of the other experts have any advice i would appreciate it, will she get in trouble if i come forward?

Hi sillyboy2

I think it would be difficult to prove the debt, especially if she is denying it and there was no written agreement in place.

Even if you were to prove it, it may fall as a postponed debt which is a debt to spouse. Even if it's an ex spouse.

Mark

Thanks mark what does postponed debt mean, sorry for my ignorance.
Regards

Also do you think chance of getting anything back, could the trustee extend their deed to include my claim?
Thanks for all help i know this forum for people in trust deed i just dont know where else to look for ad ice.
Thanks

Hi Sillyboy

Dividends are paid to creditors in a certain order, if you're claim was accepted which is unlikely, the Trustee would have to pay all unsecured debts in full before looking at your debt.

Mark

Thanks mark, so my solicitor couldnt apply for her bankruptcy anyway as she is protected?

Hi Sillyboy

There's nothing to stop you trying, however the chances of succeeding would be very slim I suspect.

Mark

what would be the process? i apply at court to make her bankrupt and will they know she is in trust deed? then if i could prove she owes me the money what would happen

Hi Mark et al.

Would the postponed debt rule apply also in bankruptcy?

Hi sillyboy2.

Does your ex have assets that you'd expect would help to repay you if she were made bankrupt?

Hi trust deed assistant, no assets that i know of

Hi TDA

Yes, it's part of the Bankruptcy Act.

You would need to do 2 things, convince the court the debt exists and is a legal debt, then petition and try to convince the court that sequestration would be a better option than the trust feed as the trust deed would be unduly prejudicial to you.

Mark