Deed of trust - worth it?
Deed of trust - worth it?
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Ynox

Original Poster:

1,754 posts

209 months

Thursday 2nd April 2015
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Currently buying my first property. We have an unequal split in the deposit where I'm chucking up circa 90%, my fiancee, 10%.

Usually I'd think a deed of trust to cover this would be worthwhile. That said - I'm getting married to my fiancee some 2 months after we complete.

From my limited research it seems as if the deed of trust would cover me once we're married, at least until a significant-ish amount of time has passed, or we have children.

In this case, what do people think? Cost is roughly £200 to get the document written up.

whoami

13,201 posts

270 months

Thursday 2nd April 2015
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What does your very-soon-to-be-wife think of this?

Ynox

Original Poster:

1,754 posts

209 months

Thursday 2nd April 2015
quotequote all
She actually suggested it.

I can't help but feel it's not particularly worth the money and it's money I'm better off chucking into getting a good will made up. That said, st does happen!


whoami

13,201 posts

270 months

Thursday 2nd April 2015
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Is it 100% recognised in law (if anything bad happens) post marriage?

soprano

1,613 posts

230 months

Friday 3rd April 2015
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You can set out the beneficial ownership of the property in the TR1 when you purchase the property. I think it's section 10 from memory. Once you are married, if you divorce the courts can make whatever decision it deems fair. It seems you already appreciate that what is fair will depend entirely on the situation. If you separate after a year with no children it will be completely different than if you separate in 15 years and she is the main carer for 3 small children.

Forgot to say the Land Registry have introduced (since 2007 I think) form JO for the same purpose.



Edited by soprano on Friday 3rd April 08:20

Ynox

Original Poster:

1,754 posts

209 months

Friday 3rd April 2015
quotequote all
Not entirely sure it's 100% recognised, rather that the courts would consider it.

Being somewhat realistic, I think it might not be the best bet right now given marriage is so soon! It's £200 towards getting a good will made up. which is far more important!

soprano

1,613 posts

230 months

Saturday 4th April 2015
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Ynox said:
Not entirely sure it's 100% recognised, rather that the courts would consider it.

Being somewhat realistic, I think it might not be the best bet right now given marriage is so soon! It's £200 towards getting a good will made up. which is far more important!
What is not recognised sorry? If you fill the TR1 and form JO correctly it is an express declaration of trust as to the beneficial ownership of the property. The documents are recognised. The difference is that once you are married, if you separate and divorce, within financial remedy proceedings the courts can make any property adjustment order it deems fair under the Matrimonial Causes Act. Fairness will depend on the duration of the marriage, children and a great many other factors.