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deed of covenent

  • bluegirl60
  • bluegirl60's Avatar Posted by
  • Senior Member
  • Senior Member
12 Jan 08 #10525 by bluegirl60
Topic started by bluegirl60
when my soon to be ex and i bought a joint property togther i put down a sibstancial some into the propert which i raised by remorgaging my own property i had a deed of covenent written by a solicitor that i would get this money back when the property is sold is this money then counted as a asset? as i want to put this money back into the property i got it from ANN HELP:dry:

  • LittleMrMike
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  • Platinum Member
  • Platinum Member
12 Jan 08 #10526 by LittleMrMike
Reply from LittleMrMike
Not an altogether easy question to answer. The traditional view has been that pre-nuptial agreements are not enforceable, but this attitude is being slowly broken down and nowadays many judges will at least take note of them. It seems that the time is now ripe for a formal change in the law which would make such agreements at least legal, and would oblige the Court at least to take account of them.

In your case I would say that the issues are, or might be,

1. When was the agreement entered into ?
2. Did both parties have access to independent advice ?
3. Has there been a significant change in circumstances since the agreement was made ?
4. The other point is that the Court must consider the needs of the parties, and in particular their need for a home. This is especially important if there are dependent children. Even if there is a pre-nuptial agreement which the Court might be inclined to regard as valid, the parties ' need for a home might displace it. Of course, that might work in your favour.

But one really needs to consider the whole picture ; you must look on the situation as a whole and not just the marital home, even though that factor is obviously of crucial importance.

Mike 100468

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