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Deed of trust & subsequent marriage

(5 Posts)
OnlyWantsOne Fri 13-May-16 01:54:21


If you signed a deed of trust re capital investment when purchasing a house (eg Dp put in a big deposit and deed of trust states that he gets that back out on sale of house)

And then you get married... if you were to divorce, does the deed of trust count or does the marriage / divorce arrangements supersed the deed of trust?

Collaborate Fri 13-May-16 07:34:01

It counts as an historical footnote, but really little more than that. What counts is the actual contribution, that will be afforded more or less weight depending on the other factors (you'll need a solicitor's advice for that). The fact that there was a deed of trust pre-marriage isn't likely to change the court's approach to that.

I'll illustrate it with 2 examples at both ends of the spectrum:

1. Your marriage lasts a week, and you separate. You bought the house a year prior to marriage. There are no children, you both have similar earnings. You'll get back what you put in.

2. The marriage lasts 15 years. There are children. What happened when the house was bought is a complete irrelevance.

OnlyWantsOne Fri 13-May-16 17:49:14

Theres children. Not married that long but been together a decade.

Collaborate Fri 13-May-16 22:30:01

Then you fall under scenario 2, assuming that when you say "been together" you mean living together. Pre-marital cohabitation is counted the same as post-marital.

OnlyWantsOne Sat 14-May-16 08:07:30

Yes lived together since 2009.

Thank you for all your help

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