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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13590
Experience:  I have been practising for 30 years.
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My spouse and I have recently had a doliviotr draw up a

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My spouse and I have recently had a doliviotr draw up a Declaration of Trust relating to a property we bought 3 years ago. We have had to do this because we paid substantially different deposits on the property and it was in my spouse's name only with a home tights order for me initially. Both of us signed and had signatures witnessed by independent witnesses the DRAFT copy of the deed of trust. The doliviotr then sent a fully bound copy (THERE WERE NO CHANGES FROM DAFT TO ORIGINAL) my husband is now refusing to sign the bound copy but has lodged the RX1 with land registry. We are splitting up and it's quite acrimonious. We are not divorcing at the moment due to cost. I want to know if the deed of trust is still valid? Thank you Julie

Good afternoon. I will assist with your question - be aware this is an email not chat service and i therefore may be delayed in replying for which i apologise.

what are you owed from this property?

why is he refusing to sign? what does he think he will gain?

Customer: replied 4 days ago.
I think he hopes it is not valid because he oy signed the draft although the RX1 registering this against the property has been submitted and lodged. I receive my deposit of £6000 back plus 2/3 of equity after fees etc which equates to about £29000 plus the £6000. He gets £53000 his deposit and 1/3 of equity which is about £14,500..I must know if the deed of trust is now valid and cannot be renagued upon please.
Thanks Julie

The deed of trust is unlikely to be valid unless anyone who was being disadvantaged took legal advice from an independent solicitor, and the extent of it.

Further, in the event of a divorce, a deed of trust like this is largely out of the window.

To be honest, the financial settlement between you and your STBX is likely to be the same whether there is a deed of trust or not.

Customer: replied 4 days ago.
It was drawn up by a solicitor. We both had advice.. I just need to know if the draft secures it together with RX1 restriction already registered?

A draft is a draft. It is not in agreement, it is something which would turn into agreement when properly executed. If this wasn’t signed, then it’s no more than a discussion document.

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