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declaration of trust or charge? - protecting grandma's share

(5 Posts)
NooNooMummy Thu 30-Jun-16 21:41:02

Any lawyers out there who can advise?

My mum has contributed huge amounts over the years whilst my useless husband has contributed very little financially. (Our home is in my name, I've always paid all the bills etc etc). My mum wants to protect her "share" to prevent my hubby from taking half of everything - what would be the best way to do this?

Should we do a declaration of trust saying that she's the beneficial owner of 50%? Does this need to be registered at the Land Registry? Can we do this now or should it have been done when I bought this property? Would hubby need to consent?

Or should she put a charge on the property? What supporting docs would the Land Registry need to justify the charge?

And what happens when I sell the property? (I'm hoping to move house v soon) Can my mum just consent? And can we undo things later.

Yes, I'm on the brink of a divorce sad

tornandhurt Fri 01-Jul-16 14:11:49

To be honest if you're on the brink of divorce it is unlikely he will consent to it anyway. The fact that your solely on the mortgage is irrelevant I'm afraid, its a martial asset. My understanding is that any deed of trust should have been done from outset.

If you do this now, even without his knowledge, chances are when you end up divorcing and he becomes aware, he'll contest it as a deliberate deprivation of assets on your part.

Please check though with a solicitor, this is only my understanding. Sorry its probably not the news you were hoping for.

MyKingdomForBrie Fri 01-Jul-16 14:18:30

If your mum has the bank statements etc to prove it and it's always been expressed as a loan not a gift then no it won't be treated as a marital asset - a divorce will not mean she loses her money!

A declaration of trust will assist but make sure you keep all the evidence you have of her giving the money.

Namechanger2015 Fri 01-Jul-16 14:22:59

You will need paperwork to prove its a loan, including terms of repayment etc, your mums word alone will not count for much at all.

NooNooMummy Sat 02-Jul-16 21:45:05

Thanks everyone!

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