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Is trust deed still valid after marriage?

2 replies

scarlotti · 27/01/2010 21:36

When my dh and I bought this house we weren't married. As I had a lot of equity from my previous property, and he had nothing to put down, we had a trust deed drawn up to protect my initial investment.
It's done on a percentage basis and says that should we ever need to sell and split the proceeds, it's split 57:43 in my favour.

We have since married - does this trust still stand or is it negated by the marriage?
We have been married for 2.5 years.

OP posts:
STIDW · 28/01/2010 01:03

If you divorce the value of all the solely and jointly held assets (including pensions) minus any liabilities forms the matrimonial "pot.' . Assets are then split according to a checklist of factors and needs is usually at the top, or very near the top, of the list. The duration of the marriage is one factor but if the relationship (marriage + cohabitation before) was short and childless each party is likely to take away what they brought to the marriage.

LittlePushka · 28/01/2010 01:12

It is still valid though agree with STIDW that your share will be taken into consideration in the asset pot for matrimonial reasons. Also however, since you have been married a spouse (you or he) has a legal right to live in the matrimonial home and this is the case whether that spouse has a specific financial interest or none at all.

Wondering why you ask - is it a matrimonial concern or something else eg debt/liability/bankruptcy/ ?

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