Please could you advise re this subject. I entered a declaration of trust with my partner when we began living with each other. We consequently got married and are now divorced. I gather that this is like terms and conditions. And if all the terms are not kept for example - when he moved out he did not continue to pay towards the mortgage, endownments or upkeep of the house. I have paid the bills etc. Does this make the declaration void? The house was mine prior to us living together. He is also after part of my pension - is he entitled to this and if he is then what porportion should he receive?
The declaration of trust is superseded by the marriage - however that does not mean it will not stand. A lot depends on how long you have been married, the value of the house, whether there are children, your respective incomes, pensions, debts etc.If you can tell us a bit more about your situation, we can help you more effectively.
Hi. We began living together in 2000 and entered into this declaration in 2001. Got married in 2004 and divorced in 2009. No children together although I had 3 from previous marriage. My income is higher than his at £30,000 his approx £25,000 per year. He entered with nothing I had equity in the house. The house is worth approx £180,000. He is said to be entitled to 43% of equity of house. There are no debts. I continued to pay mortgage and endownments. We did although get back together for approx 8 months in 2009 when he promised to change his ways - drinking and being abusive etc. My pension is indeed higher than his - his being £29000 over 35yrs - mine is £144,000 over 26yrs. We married Jan 04 and divorced May 09. My children are know over 21 the youngest is at uni - and of course will have debts to pay back - they are asking why he is not contributing to the household!! He is in his last year and is looking for work. I am living in the house at the moment. They are also insisting that I sell my house as they say that I have no need for a 4 bedroomed detached house - my arguement is who is he to tell me to sell when this is my family home and also it would cost me more to move and get a new mortgage as my mortgage at this moment is a good rate. I am willing to offer him £50,000 and part of my pension but this does not seem to suit. The mortgage presently is £45,000.
Hope this is enough info
Hi It went to court the other day and the judge suggested that the solicitors look into the viability of the declaration. She ordered another valuation of the house. I lived in the house since 1991.The decree Absolute came through in 2009. Why has it taken so long - because he has refused any offers and did not continue with mediation. So know it is going through the court. Solicitors are to look at options - my arguement is he did not keep up with the agreement. He also emptied the house twice and I had to replace furnishings etc.
In 2000 the house prices dropped - I would say it was worth approx £110,000 in 2009 approx £200,000 but in this climate in Dec 2011 the valuation came in at £165,000. I am 51 he is 53. I am also going through chemo at the moment for breast cancer - so my wage will drop to half pay soon - but I will be returning to work in Nov hopefully. Not really straight forward - but I am so fed up with all of this - is there nothing simple in life anymore. Ha
Sorry will need to get back to you about this over the weekend as I am not at home at present where the document is.
Yes this was first direction to court and he is the one who has filed for the financial settlement. He is in a new relationship with a younger women who has 2 children and they have a baby on the way - it makes me wonder what her settlement is with her husband. They are presently living in rented accommodation. They wish to buy a house for £175,000 but he is claiming he is having to change his job due to depression and will be getting a much lower wage of £15,000/year. Is it me who is crazy - how is he going to get a mortgage?
Thanks for your time. It helps to get someone elses opinion.