UK Family Law
UK Family Law Questions Answered by Verified Experts
thank you. I think the texts are useful in thatthey show an intention to repay but they are not absolute proof that the moneywas a gift. He could argue that it was a gift to you both (not to you as anindividual), but he agreed to repay it to stop any argument. You don't knowthis, but I have personal experience of the gift v loan argument and how it canpan out.
If the money was paid to you before the pair ofyou got together, that is pretty conclusive that the was money was for yourbenefit and not for joint benefits. The fact that half of it was returned isalso pretty good proof that it was a loan and not a gift.
The fact that they are still repaying themortgage on it also points to it being a loan and not a gift.
It is such a shame that this was not done inwriting with your parents having a trust deed in respect of the money or a loanagreement in respect of the money or even a simple letter in respect of themoney which said that it was to be returned.
If you have a four-year-old daughter, then youare both under a duty to provide a home for dependent children until aged 18and leaving your parents money out of this, unless the sale of the house wouldproduce enough money to provide a home for you (assuming that you haveresidence of the child) and the child until aged 18 and give him some moneyalso, he is going to have to wait for the house to be sold until the child is18. He might not want to wait of the 14 years.
At that stage in time, once again, ignoring yourparents contribution, he might get 40% of the value of the house although he isnot liable for the bills or the mortgage meanwhile. You are liable for thatalthough you may be eligible for spousal maintenance and you will be eligible forchild maintenance if you are the resident parent. He is most unlikely to get50% even in 14 years time.
And there is then the issue of your parents moneyand that really comes down as to whether it was what is legally known as a "familyarrangement" or was meant to be a formal arrangement intended to "create legalrelations".
There is no legal aid for this and solicitorsarguing over it will cost £500 per hour or thereabouts which can soon gobble upwhat he is arguing over.
If you cannot agree what you are doing betweenyou, then you are faced with court and the judge will decide the issue basedupon the facts..
It really comes down to whether, based upon allthe points I have mentioned, he thinks that this was indeed meant to be re paidor whether it was a gift. I can only give you my opinion based upon the factsyou have given me and I think that it swings in favour of it being meant to berepaid.
Do remember however that there are two parties atleast in every court case and each one goes to court having been told by theirrespective legal representatives that they have a good case. You never knowwhat kind of fictions your ex will come up with in court
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