Hi, could someone please clarify something for me regarding a deed of trust?
Before getting married, my then BF and I bought a home together. I put down the whole £70k deposit as he had zero savings. I had a deed of trust drawn up then we married two years later and had two kids. We have been separated almost a year now and hoping to sell the house after things go back to some sort of normality with this virus. My plan is to start divorce proceedings too. He is now the much higher earner since I’ve been raising our two kids and went back to work part time. I’m still working part time but I also run my own business. Our reason for splitting is years of unhappiness and infidelity on his part. But I’m no longer angry, very amicable in fact and just desperate to move on with my kids. He is angry though as I finally ended our marriage after 16 years. Once the house sells he is planning to move aboard. Our children are now 14 & 15. He said he wants the house split 50/50 and doesn’t care what it sells for as he’s buying outright abroad. We live in London and the kids are going through exams so I can’t afford to move in the local area so we need to go out of London. He’s massively selfish and has abusive qualities - he tried to hurt me in front our kids a few months ago. My DD thought he was going to kill me and they’ve both had to have counselling over it so as you can imagine, they’re not at all upset he’s going abroad. The police were called after the incident and he was cautioned.
My question is does the deed of trust still stand given we are married? There is nothing in the paperwork mentioning this. I’m clutching at straws now as that £70k would mean I stand a chance at starting again not too far away rather than leaving all my family and friends in London and the kids facing a long commute to school. Apologies this is so long, I’m a first tine poster.