Declaration of Trust in Bankruptcy

[cmccartney]

Hi,

 

I hope someone can help.

 

 

My bankruptcy will be discharged in September and my file has been passed over to the LTADT.

 

 

The query is that although I hold a 'declaration of trust' on a property that my ex-husband bought 14 years ago,

I have paid nothing towards the mortgage or upkeep of that house and the OR has now put a charge on it.

 

 

I never wanted to buy this property which is why I wasn't put on the mortgage, it is solely for my ex-husband.

 

 

We had the trust drawn up on the advice of our solicitor at the time just in case it ever became my home

and something happened to my husband at the time so I could go on living in it.

 

My ex husband is, understandably, fuming and wants the charge taken off

as the trust does state that although I own 50% of the property, I also have to pay 50% of the debt/payments, which I have never done.

 

 

I have spoken to someone at the LTADT and

 

 

they have told me that as long as I can prove I have never made payments to the mortgage (which I can)

that SHOULD be ok and they MAY remove the charge,

but my ex-husband MAY have to pay £1000 costs.

 

 

They said it was a very grey area and they don't seem very sure...

 

If anyone could shed some light on this I would be grateful.

 

Christine