Declaration of Trust

[Jlocke48]

Morning all,

Just after some advice if possible please.

Me and my partner at the time, brought a house last December. At the time of the purchase due to the deposit being put down solely by the ex, we signed a declaration of trust stating that on the house being sold, that she would get x amount back and the remaining balance would be split 50/50 between me and her.

Following the weekend, things have gotten a lot less amicable from her side and she is now saying that I am not going to get anything back from the house when the house is sold.

Just wanted to see from a legal standpoint that surely the declaration of trust is a legally binding contract and what is on there goes. Just wanted to see if there's any loopholes or anything which could result in me walking away with nothing?

Thanks,

J

[echat11]

Hi JLOCKE48

I can't answer directly, but here's some information - https://helpandadvice.co.uk/declaration-of-trust/
(posted link for article only)

[Law Student 4]

Celestine ULA A Declaration of Trust is a legally binding document which sets out who owns what shares in a property. Due to this document being binding the shares from the house should be allocated with regard to what was agreed and signed.

[Celestine]

A declaration of trust is indeed a binding document; which ordinarily allows for the legal representatives dealing with the separation/sale of property to follow the instructions set out in the trust.
Sometimes, these trust documents get challenged by one party or the other. e.g. one party subsequently put their life savings into restoring the property or did all the work or paid all the bills etc.
In these instances, the separation/sale cannot proceed and despite the existence of the trust document, one party can take the matter to court. I have personally been through exactly this experience.
In your situation, because so little time has elapsed and I assume she has not dropped her life savings into the property etc? In other words her behaviour is coming from her anger at the failure of the relationship. She may threaten to ignore the trust document but ultimately she would need to argue her case in court to change anything about the terms of the trust. Hold tight, it will all resolve eventually.