Deed of trust

[Guest]

Hi. My ex husband is on the title deeds, he is taking me to court as he wants half the assets from the house. We had a deed of trust drawn up by a solicitor but married afterwards so legally he us entitled to half. The house was mine before I met him, my question is this: is there any chance that the judge would take the deed of trust into consideration?

[des8]

How is the property owned ie tenants in common or joint tenants?
Are there children involved?

[Amber69]

Hello, I'm not sure, he went on the mortgage and title deeds. No children.

[des8]

Check land registry details here (https://www.gov.uk/search-property-i...-land-registry) cost £3

If you are tenants in common in section B of the Proprietorship section it will say "No disposition by a proprietor......authorized by an order of the court"

And the deed of trust is not nullified by marriage so I should think you are tenants in common

[Amber69]

What does that mean?

[des8]

That alerts anyone doing the conveyance (eg solicitor) that the property is owned by two people and that one alone cannot sell the property

[Amber69]

I think it would be joint tenants, the house was mine and he was added on. The deed of trust stated that he would get 30% to protect the money i put down on the house.

[des8]

Why do you think you are joint tenants? have you checked?

[Amber69]

No, I will check tomorrow. What difference does it make?

[Amber69]

Hi, I have had a look at an example of a title deed on the link you sent but it only says who the registered owners are.

[des8]

Looking at an example will not tell you what is on your title deeds.

You need to look at section B Proprietorship Register of your title deeds.
If you are tenants in common it will contain a clause such as:
"RESTRICTION: No disposition by a sole proprietor of the registered estate i(except a trust corporation)under which capital money arises is to be registered unless authorised by an order of the court"


In any event the court will look at how long you have co habited both before and after marriage and how much each has contributed to maintenance etc.
The longer you were together the greater his share, but not necessarily 50%.

When you divorced was there no agreement on the division of assets?
As the house was acquired pre marriage it would be viewed as a non matrimonial asset, but courts also take in to account the needs of each party and
future earnings potential
Perhaps you should be looking for some professional advice on your options

[Amber69]

I did have a solicitor but could no longer afford the fees. It was a straight forward divorce. I guess I will just have to wait and see what happens in court. Thanks for your help.

[des8]

Depending on where you live you might be able to obtain professional advice via a local women's rights group or your Citizens Advice Bureau.
Try googling and best wishes

[Amber69]

I've tried citizens advice but they don't offer legal advice. I'll look into your second option, thanks for your help.

[Amber69]

Hi, just looked at title deeds and we are tenants in common.