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Declaration of Trust

Paid a substantial amount of deposit on house purchase. Now selling up and divorcing husband. He paid nothing.

Declaration of Trust seems to suggest I own 80% of the house and he owns 20%.

How is the sale of the house split? Mortgage was paid by both of us, equal amounts.

Comments

  • Hoenir
    Hoenir Posts: 7,742 Forumite
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    How is the DOT worded ? 
  • Keep_pedalling
    Keep_pedalling Posts: 22,412 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Regardless of what the DoT says this is a marital asset that, unless this was a vert short marriage, and the starting point is 50/50 for all assets. 
  • I think the the DOT is binding but the court will take into other factors into consideration for fairness. Generally speaking it is split down the middle. 
  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 22 January 2025 at 8:34PM
    Regardless of what the DoT says this is a marital asset that, unless this was a vert short marriage, and the starting point is 50/50 for all assets. 
    Not necessarily. The wording is key. Nor are we are aware what independent legal advice both parties received. 
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