Will the Declaration of Trust from a previous property affect current situation

[persepoli]

A brief overview: I am separating form my husband. We have a child who is 3. I will not be staying in the family home. In our previous home, I supported him through periods of study and unemployment.

The first property we bought, we were tenants in common, but a DOT was put in place to protect the assets he put in.

We have since sold that property and bought a new one - no DOT was signed, and we are again Tenants in Common.

Now we are separating, does the previous DOT legally protect his assets? I'm not after 50:50, just a share of equity to provide a stable home for our child.

Thanks in advance!

As you are married the court will take the DoT into account but it is not binding. So you can potentially be awarded some of the assets that are nominally protected by the DoT.