Re-paying gifted monies after break up

Mathshead

My relationship has broken down very soon after we bought our first property, so if we sell now there's all sorts of costs that will eat up any value improvement we've made. In addition, it is being suggested that we should prioritise repayment of monies gifted by my now ex's parent which covered all legal and other costs on the house purchase out of the realised value of the flat. If we do that then I will come out with a loss.


The thing is that the decision to separate was not mine, so I don't feel inclined to take a financial loss to basically help the ex out of a spot of bother with her family, so my view is that there is no legal obligation for the solicitor to repay out of the value of the house, and I know that any money I repay will be recycled to the ex's benefit, why should I even consider this as this is not a situation I instigated.


I am looking for both legal advice and moral guidance please?

csgohan4

Get some Paid legal advice, rather opinions from a bunch of strangers.

bouicca21

Well if it were a gift then it does not require repayment, unless it was a conditional gift e.g. Made on the understanding that you would remain together for at least X years, which would be difficult to prove.

Was the gift made to you jointly or to your ex?

Whether there is a moral obligation to repay is a matter for your conscience.

Mathshead

So exactly how would any reply on this forum not be classified as 'an opinion from a stranger'?

ognum

Did you sign any legal agreement with regard to the monies you were 'gifted'?

If you did then you have a contract to follow if you did not then it's down to your moral judgement.

My own opinion is, I am sat on the fence maybe I would pay back, maybe I wouldn't.

Certainly if I was making a large profit I would pay back, in your circumstance I would not be prepared to make a loss so if I had enough for a rental property and to get back on my feet alone I would probably give some back.

Don't be pressurised, do what you want to do.

AnotherJoe

What bouicca21 said.

ognum

csgohan4 wrote: »

Get some Paid legal advice, rather opinions from a bunch of strangers.

Op requested moral as well as legal guidance, don't think any paid help will give that. He is looking for opinion, relax a bit.

Mathshead

Thank you. There were no conditions attached, and the monies were paid direct to the solicitor by the other family.


That's why theres some wrestling with my conscience on this!

csgohan4

Mathshead wrote: »

So exactly how would any reply on this forum not be classified as 'an opinion from a stranger'?

Your asking legal advice from an internet forum when we do not know all the circumstances, not all of us are solicitors.


You are only mentioning things from your point of view, usually most ppl leave out some details to suit their own cause.


' The thing is that the decision to separate was not mine, so I don't feel inclined to take a financial loss (Not legal view) to basically help the ex out of a spot of bother with her family, so my view (Not legal view) is that there is no legal obligation for the solicitor to repay out of the value of the house, and I know that any money I repay will be recycled to the ex's benefit, why should I even consider this as this is not a situation I instigated.' (Not legal view)



If you cannot come to a compromise which is likely given that you blame her side for everything, expect her to use a solicitor and expect them to sue for everything you have unless you do the same.

Quick google:


https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-live-with-your-partner-relationship-breakdown-and-housing/if-you-live-with-your-partner-and-you-own-your-home-relationship-breakdown-and-housing/relationship-breakdown-and-housing-rights-if-you-own-your-home-jointly-with-your-partner/


https://www.gov.uk/money-property-when-relationship-ends/overview

Mathshead

If there a big profit, or even any sort of profit, then that might be different. As things stand, the amount I would be paying back would exactly match the my loss, and that makes me feel that I don't want to support a decision that was not mine by re-paying these monies!

Miss_Samantha

Mathshead wrote: »

If there a big profit, or even any sort of profit, then that might be different. As things stand, the amount I would be paying back would exactly match the my loss, and that makes me feel that I don't want to support a decision that was not mine by re-paying these monies!

Refuse to pay, then.