Ex wants gifted money back

Mojisola

As he is the parent caring for the children, the very best she could hope for is some money after the youngest child reaches 18. Is she paying Child Maintenance to your friend?

Jonny1975

I am not sure to be honest. However I think on the basis that there's no proof it was a loan (when she 'gifted' the money it wasn't actually a loan anyway) then this is a fairly open and shut case.

Does anyone know how the 6 year rule works?

Tixy

The problem with trying to aruge its statute barred, is there would need to have been an agreement to know when the statute barred timescale ran from.

E.g. If there had been an agreement then it might have been that the money would be repaid when the house was sold, in that case then the 6 year time for it going SB wouldn't even begin until the house was sold.

If he starts trying to argue its SB then he is in effect admitting the debt existed originally. That is not what he wants to do. He needs simply to stick with the fact that it was a gift, never any intention or discussion from either side of it being repaid etc.

somethingcorporate

Yep spot on Tixy.

You either argue:

a) it's a debt that it is statute barred (and face it being a debt if it is not out of date). Or;

b) it's not a debt.

I think your argument for (b) is far more sound and I see less downsides with this option.

ihateyes

i was thinking all along, if the was a paper trail of her paying deposit and money towards mortgage, she could stake a claim on a % of the property.

However when i read he has custody of the kids, that changes a lot.
He could simply argue the £6K helped the kids have a home, and if he had to pay back then he would struggle to feed and cloth.....

I do hope she is paying Child Support.

BASFORDLAD

Its will definately be statute barred!

That is your best way to go. when you friend sends of his defence information, he can apply to have the case struck out on the basis of it being SB

SeanG79

BASFORDLAD wrote: »

Its will definately be statute barred!

That is your best way to go. when you friend sends of his defence information, he can apply to have the case struck out on the basis of it being SB

Um....this post is disturbing as well as flawed! How can you state it will definitely be statute barred?? You don't know the terms of the alleged loan, if the agreement was that the £6k would be due when the property was ever sold, then the "loan" would definitely not be statute barred, there is case law to support this...

JimmyTheWig

Will it not come down to whether the court thinks it is reasonable that this was a loan or a gift?
If finances were joint (what's mine is yours, etc, as in a marriage) then I would have expected a fair split to be made when they split up, and if she was expecting something from the house sale after this then I think she should have got it in writing.
If finances weren't joint (e.g. they each had their own money and went 50/50 on bills, etc) then I don't think it is reasonable to see it that this was a gift.

I'm guessing the later, so if I'm right then I'm not convinced the court will rule in your colleague's favour. But I'm no expert and may well be wrong.
The children certainly complicate things, however. What the final outcome is will depend on what maintenance she is and has been paying and what effect this money has on the children. But my reasonable take on it is that it is her money.

SeanG79

I would be inclined to think along the lines that a person would not simply donate £6k towards the house and expect nothing in return, so some form of agreement would be in place (verbally or otherwise). Honestly how the court would view it though I don't know...

Idiophreak

SeanG79 wrote: »

I would be inclined to think along the lines that a person would not simply donate £6k towards the house and expect nothing in return, so some form of agreement would be in place (verbally or otherwise). Honestly how the court would view it though I don't know...

I imagine they'd view it as "where's the proof he said he'd repay? oh, there is none? well there's the door...."

If they went on Judge Judy, it would be a different matter, though...:)