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Legal matters

############Deed of trust is it valid if I divorce?##############

1 reply

xxdriftwoodxx · 20/03/2013 09:05

Hi
I was just wondering if any body has had a deed of trust written up when purchasing a house with their spouse or if any one knows if a deed of trust stands after divorce?
I sold my home which I owned out right after the death of my first husband. The money from the sale of my home paid for 50% deposit on my new home with new husband and a joint mortgage taken out on the other 50%. At the time my new husband agreed that the 50% put in from my first home should be protected.
We drew up a deed of trust and since 50% of the house was bought using my cash from my former home paid for by the death of my first husband, and then a joint mortgage on the remainder that 75% of the house was mine and 25% my husbands . We have move since and the deed of trust was altered to the new home saying if the house was sold any equity would be divided 75% 25% in my favour .
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I would like to know if a deed of trust is invalid if my H and I divorce ? ##

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Collaborate · 20/03/2013 09:48

The deed of trust isn't invalid, but the court can do what it wants on divorce. The existence of the trust will serve to demonstrate your contribution, but this will be one of many factors to be taken into account.

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