Divorce and Assets

Frenchpolis

My wife bought a house with her brother in 2001 after their dad died. Their mother still lives in this property she is saying the house is not hers although:
•No "note of interest" was attached to the deeds when it was purchased, or since to the date of the beginning of our divorce.
•She has a legal interest if she is named on the title deeds. The said deeds of the house are in the names of her and her brother.
•The house was bought from 2 joint bank accounts while we were married. The accounts were my wife and her mum and her mum and her brother respectfully.
•It has a tenants in common agreement between my wife and her brother
•She had to include the house as an asset when applying for Legal aid
•She is legally obliged to include the house as an asset when applying for Tax Credits, Working Family Benefit.
It was my understanding from various legal experts that if you own the property as tenants in common you will hold it in equal shares unless there is a Declaration of Trust expressly stating how the ownership is to be divided. This will be a joint written agreement that is undertaken at the time of the purchase. On death your share will pass in accordance with the terms of your Will. In the absence of a Will your share will pass in accordance with the Intestacy Rules of the Trust and will pass to the named tenant. On divorce the share of the property will be included as a marital asset.
We married in 1997; no Declaration of Trust is present on the Land Registry documents for the property I have already obtained copies of these, the named conveyances are my wife and her brother. The property was purchased while we were married and over 8 years ago.so am i therefore entitled to a share of the house and any rental income being generated.