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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9982
Experience:  30 years as a practising solicitor.
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I have seperated from my childrens father. I am in council

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I have seperated from my childrens father. I am in council flat and he is paying for mortgaged house in joint names as he has a full-time income. Seperation hes advised RBS mortgage and does not intend to sell family home so he can have joint access with kids. I have paid £1000 to arrears accrued in the 8 years I was there a few weeks ago. My ex-partner has setup repayment plan for him alone at £50 month. Will I have to ask him to buy me out, to remove me from mortgage contract? He has £850 arrears to pay to Solicitor and I am still liable I believe. My trust deed at that address has been or will be cancelled due to non-payment due to my circumstances now. Will Trust force sale of house to recover £10,000 reduced to £8500 as I am receiving low income with no way of getting payments on track at present?? Its my name and my debt I trust.
Thank you for your question.

You are jointly liable for any mortgage arrears.

The trustee under the trust deed could apply to the court to ave the house sold and your share of the sale proceeds applied to your debts. The court has a discretion whether to make the order depending on the value of your share, the needs of the family and the other circumstances of the case.

The alternative is for your ex rather to buy out your interest in the house by agreeing a buyout price with the trustee.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 3 years ago.

I would never get him to agree to pay my trust deed, he resents the fact I have outstanding debt still. If I inform trust deed I no longer reside at property & that my ex partner has been liasing with bank to remortgage only in his name as I contribute nothing at all, for the kids to have somewhere to stay due to joint access agreement, I was advised before signing any deed that my debt wouldn't affect my partner or risk losing family home. I'm utterly terrified of legal action or home needs to be sold to recover £8500 in which is only my own debt. is there any other way to sort my situation eg Lila??

From the information you have provided the only ways to achieve what you want are either to pay off the trust deed from your own resources. If that is impossible the only other way is for your ex to buy you out of the house and give your share to the trustee.
JGM and other Scots Law Specialists are ready to help you