I (42 F) am in the process of divorcing my husband (42 M). We were together for 10 years, married for 2, and have a daughter together. I discovered in 2024 that he cheated on me with a friend in 2017 and again in 2024 this time with a work colleague (27F). I was pregnant when I found out about both and the last 2 years have been challenging to say the least.
When we first got together we purchased a 2 bedroom property in which I invested all my equity (£100,000). This was my inheritance from my deceased parents. He invested zero, he had no savings. We went on to secure a 5 bedroom house 3 years later, and as we both had better paid jobs secured a higher mortgage. As we purchased this house my ex said that it would be wise for us to draw up a Declaration of Trust, as his first divorce was taking forever and he didnt want his ex-wife getting my money. One was drafted, 99% to me, 1% to himself. In the process of the sale of the 2 bed we had to take a much lower offer and my equity dropped to £70,000.
We married in July 2023, and although he was divorced he didnt manage to get his ex wife to sign a clean break. He took a risk.
Fast forward to now, I want to start my life again. I want to sell the 5 bed house. I need to start drawing up a financial plan for division of assets as the divorce is in progress.
Taking into account I took on all the financial risk in house purchases, took on the fees and expenses for conveyancing, stamp duties, and I have handled and submitted and paid all the tax due when we rented the property out. I arranged all the mortgages too, he just signed the forms. Oh, and I've been raising our daughter solo for a fair chunk of her life thus far.
I understand the Declaration of Trust does not supercede the marital law of 50/50, but what do people think would be an appropriate division to approach my ex with? I'm in England, from a legal standpoint.