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declaration of trust

  • vanessa
  • vanessa's Avatar Posted by
  • Senior Member
  • Senior Member
26 Jun 07 #1010 by vanessa
Topic started by vanessa
had FDR today and ex wouldn't speak so no result
judge says court is able to disregard declaration of trust because we are married and the family court can do this?
am i angry does anyone know of cases to uphold declaration of trusts in marriage. the trust was taken out 2 months after marriage to purchase our house ( my money) and we separated 2 months later.

  • maggie
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  • Platinum Member
  • Platinum Member
27 Jun 07 #1016 by maggie
Reply from maggie
No direct experience - interested in how Trusts might protect people's property rights in divorce;
by Declaration of Trust you mean you have had a legal statement drawn up to record how much of the house each of you owns as tenants in common - registered on the Deeds held by the Land Registry?
For joint tenants/equal owners and for sole owners who are married I believe the court has the power to divide the family home in any way it sees fit - eg giving unequal shares - or transferring the whole house to one spouse.
Does a Declaration of Trust - being tenants in common- override that power?

  • vanessa
  • vanessa's Avatar Posted by
  • Senior Member
  • Senior Member
27 Jun 07 #1023 by vanessa
Reply from vanessa
I would appear that it can be divided by the judge as he sees fit but that he should bear it in mind concerning several things which i remain unclear of.

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