Parental Loan - parents now separated....dispute

lancearmstrong

Hi

Hoping for some advice.

My partner received some money from her parents towards the purchase of her flat a number of years ago. The money was given to her in good faith from her understanding and there was verbal between her and her parents that, in the event the flat was sold, her parents would split their % of profit and the money back.

Unfortunately her parents split and it has got messy, and a letter was recently received from mum saying "she wants her half of the money back now" There has never been a written agreement in place so can this be done? She has threatened a lawyer letter will be send proceeding to court if she doesn't reply in two weeks!

Her father's view from previous discussions has been that if the flat is sold, he would take his % share of any profit or loss, and is not expecting the money back unless the flat is sold.

My partner is no where near paying off the mortgage and it would be sold at a loss if the flat had to be sold (which she has no intention of selling).

Can anyone advise us on what to do? I see the letter as a threat more than anything and unlikely that she can pursue. She is also asking for more that the original amount given to my partner by a fair few £000!

If it makes any difference we are in Scotland. I am not part of the mortgage and have no claim at all in this property

Thanks in advance

withabix

No written agreement.

No proof of loan.

No chance!

There may be a bank transfer, but that could just prove that a gift was made.

What does her father say? If it has got 'messy', not doubt he will 'confirm' that it was indeed a gift....

lancearmstrong

withabix wrote: »

No written agreement.

No proof of loan.

No chance!

There may be a bank transfer, but that could just prove that a gift was made.

What does her father say? If it has got 'messy', not doubt he will 'confirm' that it was indeed a gift....

She still speaks to her father and his view that there was no repayment date and only to be paid back if the flat was ever sold. I think he sees it as a gift more than anything, as he knows there is no plan to sell the flat.

She is trying to pull the sympathy card and say she is skint, though they own two houses, one of which had a decent offer and is refusing to sell it, so she ain't skint really! Relations with her and my other half broke down, I see this as an attempt at bribery to get her to contact her....

Tixy

Sounds like mother has no chance of suceeding in court. There would need to be a written agreement of the loan and repayment terms and there is not.

At the time of the purchases did the mortgage lender ask about the deposit - these days in that buying situation it is common for them to ask for a signed statement from parents that the deposit is a gift and that child will not be repaying it (even if verbally that is not the intention of the family). Can partner recall anything like that in her case - if so then it might be useful to remind mother that she made signed such a statement.

lancearmstrong

Tixy wrote: »

Sounds like mother has no chance of suceeding in court. There would need to be a written agreement of the loan and repayment terms and there is not.

At the time of the purchases did the mortgage lender ask about the deposit - these days in that buying situation it is common for them to ask for a signed statement from parents that the deposit is a gift and that child will not be repaying it (even if verbally that is not the intention of the family). Can partner recall anything like that in her case - if so then it might be useful to remind mother that she made signed such a statement.

There was nothing signed and I think the only trace, if any, is a payment of a cheque or transfer to my other half's account.

[Deleted User]

ignore the letters,and the implied threats