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Can I do this?

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Comments

  • Doggy123 wrote: »
    That it was mine she told me to put it in the bank for a period of 4 months so they could not see it. She is definitely trying to play me. If I sell at less then mortgage I got will still be covered I will just have fees to solicitors/estate agents to pay. Any improvements to the house I have made have been paid for by me and all rates also.

    So you'd sell at less than the mortgage owed & but pay off the mortgage using what you've saved so that a) you can't pay back the deposit she gave you & b) there's no equity which she would try & make a claim on.

    The pair of you are acting like children
  • zagubov
    zagubov Posts: 17,884 Forumite
    First Anniversary Name Dropper Photogenic First Post
    If a (now former) friend leant you £5000 pounds and you fell out with them do you not realise you still owe them the money?

    You sound like you'd rather burn the money and give them the ashes.

    Give her her money.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
  • FBaby
    FBaby Posts: 18,367 Forumite
    First Anniversary First Post Combo Breaker
    Sounds like you both played the system well for years, and you are now making it sound like she was the only person doing so whilst you were the victim to it all.

    The irony is that it backfired on her, not you. The property is yours, she has no right of claim to it, no right to force you to sell. It sounds like she doesn't even have a straight right to her deposit if it was a gift and there is no evidence to the opposite, however, the moral thing to do is to give it back to her since she is paying the loan for it.

    What more does she want? Whatever it is, you can tell her to take a hike.
  • antrobus
    antrobus Posts: 17,386 Forumite
    FBaby wrote: »
    .. The property is yours, she has no right of claim to it, . ....

    She clearly thinks otherwise, based on this £5,000 contribution to the property purchase. Any claim would be based on TOLATA 1996 i.e that she had a beneficial interest in the property.

    If I was the OP I would seek legal advice, and make an offer to the ex-partner. It is (almost) always best to move on.
  • scd3scd4
    scd3scd4 Posts: 1,180 Forumite
    First Anniversary First Post
    edited 7 July 2017 at 6:49AM
    Give her the money back right or wrong or you will never get rid of the thing. Life is to short.


    Are you suggesting selling the house in negative to get your own back? Sounds a bit self defeating. It wont end there will it.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Play the moral high ground ... then serve your revenge cold, as it tastes better.

    Keep your house. Don't sell it.
    Find the money to pay her and pay her, even though legally she has no "legal claim" as there's nothing in writing. Get her to sign for the money too ... so you can prove you paid her back what she lent you.

    Then, once clear .... dob her in for her benefit fraud. Sit back, enjoy your house.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    Doggy123 wrote: »
    she told me to put it in the bank for a period of 4 months so they could not see it.
    antrobus wrote: »
    She clearly thinks otherwise, based on this £5,000 contribution to the property purchase.

    But how could she prove that the money she gave him months before the house purchase was to pay towards the property?
  • TBagpuss
    TBagpuss Posts: 11,199 Forumite
    First Post First Anniversary Name Dropper
    Mojisola wrote: »
    But how could she prove that the money she gave him months before the house purchase was to pay towards the property?

    Well, unless he is prepared to commit perjury by lying to a court about it she doesn't have to, he accepts that she paid it for that purpose.

    OP, hat was the purchase price of the house? What % of the purchase price sd the £5,000 represent?
    The starting point is that she would be able to claim that % of the current value.

    It would be incredibly stupid for you to deliberately sell the property at an undervalue - yes, it would mean she got less than she would if it were sold at market value but so would you.

    Your mortgage fraud, lying about the deposit, and her benefit fraud are separate issues, as is the reason for your relationship ending.

    From what you are saying, she had a secure council tenancy and you lived there rent free for 11 years but you think *she* is one being greedy?

    Either you owe her £5,000, if the agreement was that she was lending you the money interest free, or you owe her the % of the value of the house based on the proportion of the purchase price which the deposit represented,and the latter is more likely, as that is normally how contributions to a house purchase work.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Doggy123 wrote: »
    She provided the deposit through a bank loan so she can surely demand something back at my expense can't she??
    Yes via a court, so let her deal with that....
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