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What are we each entitled to in our divorce settlement?

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Deed of Trust Pre a 6yr marriage-will it hold up?

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17 May 12 #331031 by SadThatItBroke
Topic started by SadThatItBroke
Hi, devasted to hear my husband of 6yrs & 4mths ask to divorce completely out of the blue. Long story short - when we met he lived in bedsit & owned zero. I (8yrs his senior) owned a few properties which I sold to pay his car loan off and invest into our MH (which we have BOTH done renovation work on), me whilst holding down a P-T job, him whist putting off his self-emp''d work, as he wanted to concentrate on converting our home. He now says he is entitled to 50/50 of everything (we have 3 buy to let, mortgaged, properties too, which I have been managing). I said I think (after the FH large mortgage is repaid) I should get back my 36% capital invested to buy and renovate the property, back before the profit is split 50/50, he said NO he wants HALF of that too. I forged ahead with the divorce knowing he no longer loves me (but not knowing why?) Decree Nisei has happened and the day I was due to complete my form E & Financial Statement I discovered the Deed Of Trust agreed by us both BEFORE we were married, stating I should receive back my 36% absolutely before any profit is split 50/50. (Eureka! I had completely forgotten we ever did this Deed of Trust - because I never bought we would need it or split up-niavely). It is the first court hearing (direction?) in a few weeks.......will the Judge stand by my 36% initial input and the Deed of Trust stand up to the divorce? Or can my husband of 6ish years rob me of my hard earned past wealth from my single life before I married him? Also....what happens if the house doesn''t sell, as he can''t be released from the big mortgage due to my low income? I have funded the joint mortgage and bills for almost a year now out of depleted savings (only 2 months worth left...) as he will not contribute - can he be made to pay his share? As I can''t meet all the bills on my own for much longer : (
PS: NO children.
Thank you in advance for responding.................
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17 May 12 #331047 by donkler
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I have only been married 3 years, I have a deed of trust drawn up pre marriage too and my solicitor said it would hold SOME weight.

We have agreed a financial settlement out of court so it wont really come into play.

Other will have more advise im sure.

Good luck xx

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17 May 12 #331274 by SadThatItBroke
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Thank you.

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16 Feb 13 #379898 by Maggie8
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Hi I''m in a similar situation married for 4 yrs but in that time separated for 21/2 yrs. I had my own house he had 10k worth of debts and 8k equity I helped him pay off his debts we had a trust deed drawn up giving him 10% share of the equity he is now going for 50% and says the trust deed wont stand because it was drawn up 3 months before we were married. He is a compulsive liar and everything in his solicitors letters are lies which I can prove. Just wondering if your trust deed was honoured?

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16 Feb 13 #379912 by donkler
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I think the first thing in your mind should be ignore what he says, completely ignore it.

I had one as I stated above but I settled way before court, and the relief of settling was worth more than any amount of money.

Best thing you can do is seek some advise from a legal expert, I was told it would hold some weight

Good luck with it all xx

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16 Feb 13 #379922 by blonde cazza
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I believe they do hold some weight.I had one which had 160k in it but was told although they hold weight they can be chanlged in court.I was lucky my ex didn''t have the money to do that.

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04 Mar 13 #382311 by Maggie8
Reply from Maggie8
Hi Thanks for your replies, he is taking me to court but has no money for his solicitors bills can only imagine they are going to get payment from his settlement! He''s refused all offers as he wants much more which I dont think he''s entitled to as the property we lived in was non matrimonial ie was mine before we got together but he is so greedy and immoral. Have started my form E just hope the trust deed carries some weight.

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