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Deed of Trust

  • Geeky
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08 Aug 19 #508960 by Geeky
Topic started by Geeky
Hi All,

I want to write about experiences with my FDR meeting I had the other day. Whilst the news is still sinking in but there is so little information about it on here and want to let people here know as to what happened.

In short:
Cohabitation: contentious point whilst we did live together a few years before we got married, it was circumstantial in the reasons why he moved in and I was working away from the home a lot
Married: 3.5 years
No Children
Assets wise:
I had purchased a property way before meeting my ex and whilst he lived in there for a few years paying me rent, Id remortgaged and we purchased the FMH before we got married with the help with some inheritance. It was purchased as tenants in common with a Deed of Trust in place.

My barrister at the FDA managed to get the judge to get us to write a S25 statement early for the FDR rather than awaiting for the final hearing in order to clarify contributions, Deed of Trust and cohabitation

Whilst we both had solicitor's to assist us doing this, my STBX was like a pile of dogs dinner.

At the FDR: the Judge concluded that it could be potentially a short marriage and this is a contributions case where I had made far in excess of my STBX. The Judge did elude that if it was a short marriage then the Deed of Trust would hold.

In the end, we managed to negotiate finally (as his first offer was requesting nearly 60% of all assets when he actually came into the relationship with debt) with the Deed of trust value he was entitled to have plus a little bit more which my solicitors classified as a nuisance payment.

Ultimately I was happy as I can finally start my life again after nearly 2 years of emotional draining fighting via solicitors and well my STBX ignoring to respond to letters etc.

Geeky

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20 Aug 19 #509169 by HUGO58
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I'm glad you have resolved things.
Enjoy the future,live life !!

  • Elli6
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30 Apr 21 #516574 by Elli6
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Hi Geeky. My situation is similar to yours. Married 1 year, house was mine before I met him. Deed of trust signed, 70% mine 30% his but then I stupidly married him. He is trying to get 50% of the equity. I am hoping the judge takes the deed of trust into account.

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30 Apr 21 #516578 by Geeky
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Hi Elli6,

Could I get some facts from your situation?

Was you living together before you got married? If so for how long?

When did you buy the house and when was the declaration of trust signed?

What are your respective incomes and assets?

Whilst technically the starting point of any divorce is 50/50... yours on paper is deemed to be short but it all depends on the circumstances.

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30 Apr 21 #516579 by Elli6
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Hi Geeky. I purchased the house in 2004 with a large deposit. He moved in in 2006/7 and was added to the mortgage, deed of trust signed round about the same time. Married in 2011 and separated in 2012. He is living with his partner. He earns about about 4,000 a year more that I do. Equity in the house is about £50, 000.

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30 Apr 21 #516581 by Geeky
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Given that the courts will potentially see your relationship as being 5-6 years long given you had him on the mortgage in 2006/2007, so the courts may see this as medium length marriage.

Why didn’t you go through the divorce process back in 2012?

How about any other assets? Pension pots?

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30 Apr 21 #516582 by Elli6
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We got divorced in 2013. Pension assets are about the same. The only issue is the house and how much he will get.

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