1. Do you have any documentary evidence from the time confirming that it was a gift to you only and not a joint gift
No I do not, the mortgage offer simply stated 'a gift of £8000 is being provided by Mr Jones towards the purchase of the property' The conveyencer is to confirm that there are no insolvency implications'.
2. Where did your father transfer the money to – your solely named bank account, or elsewhere
The money was simply deducted from the £68,000 asking price, it seemed pointless for him to give me £8,000 cash only for me to give it straight back. The mortgage was for £60,000.
3. Did you execute a declaration of trust declaring percentage interests in the property or perhaps that you should receive £8k more than your partner to take account of this?
No declaration of trust was issued, I have since been told that my solicitors should have done this for me, they did not.
Thank you for the answer. The original solicitors who handled the purchase are no longer in business, is there a way of finding out for sure if there was a declaration of trust as I do not have one and I don't remember them showing me one. My solicitor who dealt with the recent sale of the house advised that they indeed should have provided me with this declaration of trust, and has stated we could claim compensation through the law society if we cannot recover this deposit, would you agree? If so, would we make a claim now or wait until the deposit issue has been resolved in the other parties favour?
One final question, as I effectively gave £8,000 more than my ex partner towards the mortgage throughout its term, is this not reason enough to have the equity offset in my favour?
Would it be worth trying to recover the money through small claims or financial order? If so which one would be more applicable?
Thanks for your help I'll will rate your answers shortly.
Have a nice day.
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