thank you. I think the texts are useful in that
they show an intention to repay but they are not absolute proof that the money
was a gift. He could argue that it was a gift to you both (not to you as an
individual), but he agreed to repay it to stop any argument. You don't know
this, but I have personal experience of the gift v loan argument and how it can
If the money was paid to you before the pair of
you got together, that is pretty conclusive that the was money was for your
benefit and not for joint benefits. The fact that half of it was returned is
also pretty good proof that it was a loan and not a gift.
The fact that they are still repaying the
mortgage on it also points to it being a loan and not a gift.
It is such a shame that this was not done in
writing with your parents having a trust deed in respect of the money or a loan
agreement in respect of the money or even a simple letter in respect of the
money which said that it was to be returned.
If you have a four-year-old daughter, then you
are both under a duty to provide a home for dependent children until aged 18
and leaving your parents money out of this, unless the sale of the house would
produce enough money to provide a home for you (assuming that you have
residence of the child) and the child until aged 18 and give him some money
also, he is going to have to wait for the house to be sold until the child is
18. He might not want to wait of the 14 years.
At that stage in time, once again, ignoring your
parents contribution, he might get 40% of the value of the house although he is
not liable for the bills or the mortgage meanwhile. You are liable for that
although you may be eligible for spousal maintenance and you will be eligible for
child maintenance if you are the resident parent. He is most unlikely to get
50% even in 14 years time.
And there is then the issue of your parents money
and that really comes down as to whether it was what is legally known as a "family
arrangement" or was meant to be a formal arrangement intended to "create legal
There is no legal aid for this and solicitors
arguing over it will cost £500 per hour or thereabouts which can soon gobble up
what he is arguing over.
If you cannot agree what you are doing between
you, then you are faced with court and the judge will decide the issue based
upon the facts..
It really comes down to whether, based upon all
the points I have mentioned, he thinks that this was indeed meant to be re paid
or whether it was a gift. I can only give you my opinion based upon the facts
you have given me and I think that it swings in favour of it being meant to be
Do remember however that there are two parties at
least in every court case and each one goes to court having been told by their
respective legal representatives that they have a good case. You never know
what kind of fictions your ex will come up with in court
Does that answer the question? Can I assist
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