I'm getting all my ducks in a row, before I leave my dp. One such duck is the DOT.
It is not contested by dp that I own half of our housing assets. My name isn't on them because of a past bad credit history and also because our mortgage advisor advised us that mortgage companies will lend more with just dp's name on it.
My question is, can he challenge the declaration of trust's legitimacy, if he realises that I was planning to leave all along?
We have 3 children together and have been together 12 years.
We are doing it through a solicitor. He is writing it up and we are both signing.
I'm asking in case there is a chance that if he puts 2 and 2 together and realises that I have made the appointment knowing I am leaving, he can argue false pretences or something. Even though he agrees that half belongs to me and I have him admitting that in a text.
So the question is are you leading him up the path with some kind of misrepresentation of undying love and as soon as he's signed you leave your partner? Possibly . It might be like the fact pre nups are not enforceable if you don't both declare intentions and full assets etc.
I think probably you would be okay but he might try to argue some kind of misrepresentation and bad faith. My neighbour's son's girlfriend made him put their assets into joint names after he inherited money and within a week then left him. However your situation is a bit different because the trust is reflecting what you'd agreed verbally