Declaration of Trust in marriage

wotney

My question is regarding a Declaration of Trust.

I got pretty badly stung to the tune of £33k with an ex girlfriend about 10 years ago and was subsequently told I should have had a "Declaration of Trust" drawn up.

I am now married and in the process of putting £130k of my own money into a new house with my wife who is only putting in £10k into the pot.

All my research seems to hint at is that the document is superseded by marriage, in which case everything is split 50/50, irrespective of a DoT.
Can you tell me if this is the case please ?

noh

Not 50/50 but in a proportion that is agreed by the two parties or ordered by a court if no agreement.
https://www.gov.uk/money-property-when-relationship-ends/overview

wotney

Actually, I think I just found my definitive answer from a document entitled “Sign here darling…I love you”

As a new user to this site, I'm not allowed to post links, but just do a google search for the document title (above)

The document is from June 2008, but I'm going to assume the law hasn't changed in 5 years...

The document states :
"It is important to note that married couples do not need a Declaration of Trust because the divorce laws cover division of property"

chanz4

I got offered what split we wanted when we bought, im married

Eve1975

My partner and I are about to do the same. We will need a deed of trust I believe.

He has laid down £100K with the mortgage and fees, me nothing!

So fair is fair, at the end of the day it is his money and if we were to ever split why should I be entitled to that £100K?

Just got all the legal documents through for buying the property and it asks if we want to be joint tenants or tenants in common. Need to speak to the solicitor as I believe we will be going for the tenants in common. Wondering if we still need a deed of trust if we say this?