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Deed of trust???

(1 Post)
xxdriftwoodxx Mon 04-Mar-13 11:29:01

Hi I had a deed of trust made up with my husband attached to the sale of our house mainly because I paid half the purchase price with ALL of the money I received from the sale of My house which I shared with my late husband and was paid off after his death.
The deed of trust states;- The Purchasers (which expression shall include the a trustee or Trustees for the time being hereof)HEREBY DECLARE That they hold the said property upon Trust to sell the same with power to postpone the sale and that they shall hold the net proceeds of sale income pending sale UPON TRUST:-
75% thereof on trust For ME
25% thereof on trust for Husband

My question is does this deed of trust apply should we divorce, baring in mind a large amount of equity was put into the purchase of our home after the death of my first husband and of which my sons should inherit from my first marriage which w as why I had the deed of trust set up in the first place,
The reason I ask this is because if all assets are divided 50/50 I cannot afford to buy even the smallest house but with 75% I could buy a small house just?

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