Home rights Declaration of trust

[Mayley03]

My husband is the legal owner on the title deeds With a declaration of trust by his parents, they have put the house up for sale and have told me that once the house sales I will not be entitled to any of the profit from the sale Can they evict me once our house is sold I've submitted my home rights.
If we go to court for a divorce, will I walk away with nothing . I've got 2 children that are not my husband's living with me .

If the declaration of trust protects their interest in the event of divorce it won’t form part of any settlement.

How much money did they put into the trust?

No idea all i no is they brought the house out right for my husband his name on the deed as legal owner With a declaration of trust i think it was kind off a loan which we paid a bit each month back to them but now me and my husband Have separated, and he as left the home

So his parents want to sell so they can get all there money back on it but not sure where that leaves me In a divorce settlement

You’ll need proper legal
advice

usyally in a deed of trust the house would be held as tenants in common with both parties to the trust on the house deeds, with the states of ownership listed. Eg in this case your husband and his parents. The trust would state that they own 10% or 60% or whatever.

do you have a copy of the trust?

your entitlement to the house will be against the % your husband owns.

have you been paying towards a mortgage or anything ?

You need a copy of the declaration of trust. It’s odd you state he’s the legal owner in the title deeds - if there is a declaration of trust owing it all back to them I’d expect both parties to the trust to be on the deeds

youll need a solicitor

Get a copy of the title deed and check what it says. If the parents effectively funded the home and have an agreement that they need to repaid on sale, you've nowhere to go really. I guess all you can split is any residual value in the home.
If the children are not your husband's then he's not got any responsibility to house them etc. If you've been married a while you'd be entitled to half the joint assets (assuming no other factors) but sounds like there's not much in the way of assets?
I'd personally be getting onto the council ASAP as sounds like you'll be made effectively homeless with this ?

Op would be entitled to a fair share of natural assets - might be more or less than half

needs to understand what, if anything, of the house will be considered a marital asset

It wouldn't leave you with anything, as they would get back what they put in - the Declaration of Trust protects that.

You need to obtain a copy of it, and see a solicitor.

If the money for the house was in a trust, why was you paying them back? Their equity in the house is protected, so no matter what they will get their money back - and you are left out of pocket.

Get legal advice.

Thank you for everyone thats comment im just not sleeping with worry what will happen just a shit Situation to be in

Between me and my husband we were paying them 800 a month

So what was the 800 per month for ? Was it paying back the loan? What did the agreement say with them?

RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
2018-10-29
RESTRICTION: No disposition of the registered estate by the proprietor of thereaistered ęstate is to be registered without a written consent signed
4 Buy ( his parents )
or their personal representatives

This is what it says on the deeds at the bottom .there was no written agreement that we had to pay money back a month

Yeah paying back for the house 800 a month but no Legal agreement or signed anything

RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
2018-10-29
RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by and of or their personal representatives

That’s is standard wording when a property is held as tenants in common/ basically it means that neither individual can sell
without the explicit agreement to all in the trust . That indicates that’s potentially there are other parties on the house deeds

you need a copy of the deed of trust which outlines the % shares held by each party

How would i get that

No my husband name is the only name as legal owner on the deed

I understand to them getting all the money they paid for it back but what about the profit we have made on the sell ive Contributed towards the house has well as up keep

So from what I understand.
They would have their portion as stated in the deed of trust. So say the house is worth £100K
The deed of trust states their portion of £60K

You have no say in that £60K. Its gone.

Your hand ands share is £40K. As it's a marital home 50/50 may be the starting point.
Factors would then be argued.
Length of marrige, any biological children (your children from a previous marrige won't count).

So you could look at receiving £20K.

The deed of trust will lay out the % ownership. It might be 100% to parents. We can’t second guess it

20k is what i was thinking to

I was just using round numbers.
It could be anything.

As PP also said it could be down as a percentage rather than a fixed number.