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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33952
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife left me 2 weeks ago. I remain in the marital home

Customer Question

My wife left me 2 weeks ago. I remain in the marital home paying the mortgage. We had a deed of trust drawn up in 2009 when purchasing the home. Yesterday I paid to see a solicitor to seek advice and she said the fact you were not married at the time of the deed of trust is void. My wife and I are in agreement with the contents of the deed and would like to settle our financial split according to the document. The solicitor said the court would not allow this? Can you explain why 2 consenting adults who are prepared to sign and accept the document are being driven to pay legal fees which are totally incessant?
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

I find what the solicitors said, somewhat bizarre. You can agree whatever you like between you although, if the judge think it’s unfairly weighted in favour of one party, he may not simply rubberstamp consent order but may want a hearing to explain to any party he thinks is being disadvantaged, the ramifications of that.

He is correct that the marriage can void the deed of trust unless it was written in contemplation of marriage.

Tell the solicitor that you want to make the court application for a consent order on the grounds you have agreed and that you understand the judge may want a hearing for the reasons I explained earlier.

Can I clarify anything arising from this?

I am happy to answer specific questions arising from this?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

Expert:  Clare replied 7 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

before commenting it is essential to know how long you have lived together and what the actual division of the house is.

We also need to know if there are chidlren involved.

This will enable me to judge whether or not the Court will make the Order - or whether the Judge will refuse to do so as the court is entitled to do.

In addition there is the simple fact that you and your wife can make any arrangements that you wish - unless there is a Pension Sharing Agreement involved then is no need for a court order at all.

The only purpose of the Order is to prevent the possibility of a future claim by the party who has the worst end of the deal

Clare, Solicitor
Category: Law
Satisfied Customers: 33952
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi Clare
I would like to ask a further question about my married but can't see the justification of paying
£34 for each answer. I might as well go to a solicitor and pay £200
For an hour
Customer: replied 7 months ago.
Please reply to my note
Thank you
Eric
Expert:  Clare replied 7 months ago.

By all means ask a follow up - I shall do my best to help you

Customer: replied 7 months ago.
Hi Clare
Can't seem to attach my deed of trust file from 2009 made out before we were married. We both
wish to settle as written in the Deed. My wife gets her money back £175k which she contributed and and we split the profit made on the house from 2009. I have a separate apartment
which was not included in the deed
valued around the £175 Nett allowing for a mortgage. If the court take into account my apartment and include it in the settlement and ask me to sell it I won't be able at my age to get another mortgage. Can we both sign an updated copy of the draft deed of trust 2009 and a consent doc or clean break doc to the court? or do we need to apply for a separation order first. We both want to spend as little as possible on legal costs and have a simple and fare outcome.
Expert:  Clare replied 7 months ago.

How long have you lived together in total?

Customer: replied 7 months ago.
We met 2006 and lived together from 2008 bought a house 2009 and married 2012. Jeanette has 2 children 18 and 20 and I have 3 grown up children over 35 all independent.
Expert:  Clare replied 7 months ago.

If you and your ex are happy to abide by this then simple do it.

There is no need for a Court Order at all

A Court Order is only required where there is no agreement or you wish to guard against a future claim.

You can certainly sign an agreement confirming that you are both happy with the outcome and that you will apply for a divorce in due course - and then simply go your separate ways

Customer: replied 7 months ago.
Can you name and agreement (a copy of our void deed of trust updated and signed or?) Who do we deposited the letter with? The solicitor I saw last week only thought in £££
£250 an hour £800 legal separation, £200 an hour for 3/4 sessions of legal matrimonial counselling)! I just want the simplest way forward
Expert:  Clare replied 7 months ago.

There are various templates online including this one

https://www.rocketlawyer.co.uk/documents-and-forms/separation-agreement.rlm?gclid=CjwKEAjw-Oy_BRDg4Iqok57a4kcSJADsuDK1BY0OagtcXLzb_VAgU0L3vh6AGGWCjikKb0SMN_3JwxoC0Nfw_wcB

Given that you are relying on the fact that you trust each other there is no reason not to use it

Customer: replied 7 months ago.
Do we present this doc to a court or solicitor?
Can I make an amnendment to the Rocket Lawyer doc to include that my wife also gets back the £175k
she invested.
You have been very helpful
Thank you
Eric
Expert:  Clare replied 7 months ago.

Yes you amend it as you wish - and it is simply for you each to keep a copy

Customer: replied 7 months ago.
Thanks
Expert:  Clare replied 7 months ago.

You are most welcome I hope all goes well

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