Possible Separation... Declaration of Trust...Need legal advice

[MumToThreeBoys123]

Can anybody help me with a declaration of trust? X

I’m a mum to three young boys and am considering separating from my husband of six years. There has been unhappiness in the marriage for a number of years, we fight all the time and sleep in separate rooms. It can’t go on and I honestly feel I would be happier on my own. I think he would too. It’s becoming a toxic environment and I really do not want the boys to be unhappy.
I just needed some legal advice. I am going to contact a family solicitor soon but was just wondering if anyone on here could help me as it’s not a normal situation I am in.
We own our family home together as tenants in common. When we purchased our property I had to sign a declaration of trust and my husband out all his inheritance into the house. His grandmother left a very complicated will and left her money in a trust for my husband. One of the stipulations was that she only wanted her children and grandchildren to benefit from the money. This was why I had to sign this declaration of trust.

Now, if we sell our house we would have £260,000 in cash. I would be entitled to my half of whatever it has gone up in value but my husband would walk away with most of that to start afresh. I’m obviously not after all his inheritance but would I have any claim a small chunk? I have three young boys and would have them 5 nights a week at a guess? Could a family judge over-ride the declaration of trust?

You'd need to speak to a solicitor face to face about this. There are a number of questions you'd need to answer before [roper advice could be given. Did the trust make an distribution to your H or is the property a trust asset? If the former, the court can award you some of it. How much you get depends on a number of factors.