Declaration of Trust

Amanda789

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.

Hoenir

How is the DOT worded ? 

Keep_pedalling

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. 

Markmywords

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

Keep_pedalling said:

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.