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Gifted deposit reclaiming

I gave a gifted deposit to my now ex partner who I have a son with.

I gifted a sum of nearly 65k to her 3 months before she ended the relationship.
I gifted it her through a solicitor who did all the documentation, we did this as at the time I was a student and was told that the mortgage company wouldn’t allow me on mortgage.

Anyway I didn’t seek any legal advice and gave the money, the idea was that as soon as I passed university and was fully earning again I would either get the money back or we would put me into the mortgage.
But merely 3 months later I was kicked out and living back at my parents.

The question is do I have any recourse on getting the money back.

I have a police statement(long story, tried to get me done for harassment)that states in it that it was a loan and intended to give me the money back.

I also have proof of us living together at previous addresses just before moving to the new house.


Is there anyway of me getting the money back through tolata or any law?

Many thanks

Ton
«13

Comments

  • theartfullodger
    theartfullodger Posts: 16,012 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What were the documented, agreed, signed by you & her, terms governing the gifted deposit? Sorry but I can't see them from here.... They will tell you what rights you have.


    However, in my experience, gifted deposits are usually outright gifts, how generous of you, bye-bye....



    How much are you paying per month in child maintenance?
  • Throwaway1
    Throwaway1 Posts: 528 Forumite
    Eighth Anniversary 500 Posts Combo Breaker
    It is was stated it was a loan you may have recourse but it will depend on what the exact agreement said.
    MFW - OP 10% each year to clear mortgage in 10 years!
    2019: £16,125/£16,125
    2020: £14,172.64/£14,172.64
    2021: £12,333.62/£12,333.62
    2022: £10,626.55/£10,626.55
    2023: switched tactics to saving in a higher interest rate account than mortgage interest rate
    2024: mortgage neutral!
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As others have said what documentation did you sign when you went to the solicitors ?
    Did they give you advice ?
    Are you still a student ?
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Sorry you gifted it through a solicitor, you had legal advice - you have almost no chance of getting this back.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Comms69 wrote: »
    you had legal advice

    Er, no:
    I didn't seek any legal advice
    not that it makes a great deal of difference.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    davidmcn wrote: »
    Er, no:

    not that it makes a great deal of difference.
    Uhm - I gifted it her through a solicitor who did all the documentation


    .....
  • "Gift" - I think the clue to to the situation here is in the name!

    However, with regards to the police statement - was it the ex-partner that made this statement referring to the gift as a loan? If so you might have a chance of pursuing her for it.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Comms69 wrote: »
    Uhm - I gifted it her through a solicitor who did all the documentation
    .....
    Yes, the partner's solicitor. They won't have been giving the OP any advice.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    davidmcn wrote: »
    Yes, the partner's solicitor. They won't have been giving the OP any advice.
    I mean that's not true anyway - these were not conflicting parties at that stage.


    But additionally it doesn't say her solicitor.
  • Hi

    Yes it was my ex partner that made the statement
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