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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Home rights Declaration of trust

33 replies

Mayley03 · 19/09/2024 22:01

My husband the legal owner on the deeds with a declaration of trust but his parents has they brought us a house out right with us paying them back a monthly payment he has left the house as we have now Separate due to my husband mental health. hes saying he has no Financial intrested in the house so his parents now become the Beneficiary owners .they want me out as they want to sell i have no Tenancy agreement with them .i got told to submitted my homerights which i have .ive contacted the council for housing and they said the only way they will help me is if my inlaws get a eviction notice by the court .i dont want to be living here any longer than i have to but ive got no where to go and cant just leave as im making my self homeless and then council wont help me also got two sons that live with me but not my husband .any one else been in this Situation or any Advice .i cant afford a Solicitor and i cant get legal aid

OP posts:
Original poster
Mayley03 · 24/09/2024 19:11

Only his name as the legal owner

OP posts:
Cerialkiller · 24/09/2024 19:21

What does the declaration of trust say though? Is it ring fencing a certain amount of the value or similar?

Please go and see a solicitor about this. The situation is bizarre. Regardless of the legal facts it looks very much as if they are trying to cut you out as much as possible legally or not. Try to get ahead of them.

Cerialkiller · 24/09/2024 19:29

He can't put marital assets in a trust without your permission (well he can try). Courts will looks at these assets and determine if they are in fact joint and therefore if any of then should be split as part of your financial separation. Having it in his name does not prevent it from being a marital asset.

It sounds like this house was both the marital home and also you were contributing to the loan to pay back your in-laws? Either directly (with your salary) or indirectly (by supporting the family at home while DH worked) This was also happening after your were married so I don't think it's a question of it being a marital asset at least.

LightBulbMome · 24/09/2024 19:40

How long have you been married / together? Are your children also with your husband? In general, after a long marriage with children, the joint assets will be split 50/50 between the 2 parties. It sounds like your husband owns 100% of your marital home, plus 25% of another house. The "deed of trust" may or may not have a legal standing, but they would need to take it to court to try to enforce it.

Please don't sign over anything! As it currently stands, the settlement of assets needs to be done as part of a divorce. Your inlaws have less claim over the house than a mortgage company usually would. Stay put, don't pay anything to your inlaws. They can pay a solicitor to write whatever they like, currently you are living in a mortgage free home, that you are likely to be at least 50% beneficial owner. You can't stop your husband moving back if he wishes, but he cannot sell or transfer it without your consent, which you have ensured by registering your rights.

Original poster
Mayley03 · 24/09/2024 19:57

Right i have today Received a letter from my inlaws solicitor stating they will offer me a £5000 financial settlement 7 days to decide and a month to move out. If I don't agree, they'll take me to court and get a court eviction .well im not taking the 5000 so they can take me to court

OP posts:
mitogoshigg · 24/09/2024 20:00

If he's the legal owner only he can sell the property not his parents. I suggest you check land registry to find out the exact ownership situation.

You definitely need a good solicitor and don't sign anything!

Original poster
Mayley03 · 24/09/2024 20:01

LightBulbMome · 24/09/2024 19:40

How long have you been married / together? Are your children also with your husband? In general, after a long marriage with children, the joint assets will be split 50/50 between the 2 parties. It sounds like your husband owns 100% of your marital home, plus 25% of another house. The "deed of trust" may or may not have a legal standing, but they would need to take it to court to try to enforce it.

Please don't sign over anything! As it currently stands, the settlement of assets needs to be done as part of a divorce. Your inlaws have less claim over the house than a mortgage company usually would. Stay put, don't pay anything to your inlaws. They can pay a solicitor to write whatever they like, currently you are living in a mortgage free home, that you are likely to be at least 50% beneficial owner. You can't stop your husband moving back if he wishes, but he cannot sell or transfer it without your consent, which you have ensured by registering your rights.

Been togever 8years lived in this house just over 5 years married just over 2 years he left to live with his parents coz he tried to Commit suicide in the garage of our house. He got mental health illness that only come to light afyer we just got married two weeks after that happened his parents told me they were putting the house up for sell

OP posts:
Original poster
Mayley03 · 24/09/2024 20:04

mitogoshigg · 24/09/2024 20:00

If he's the legal owner only he can sell the property not his parents. I suggest you check land registry to find out the exact ownership situation.

You definitely need a good solicitor and don't sign anything!

I have checked only his name is on it Registered as the legal owner

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