Gifted deposit reclaiming

bigstevex

I'd almost say you've been conned here, I'd log this as a crime to the police if I ended up in this boat. You've effectively been 'tricked' into giving her this money, 3 months between giving her the money and splitting up... That was pre planned on her behalf.


Also, you won't get it back easily/if at all, gifted deposits clearly state that there can be no legal interest or claim in the property and that the gift is not to be repaid. It's morgage fraud otherwise.

eddddy

Tombradfield wrote: »

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

....

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.

You need to be a little careful.

It sounds like you're saying you both made false declarations, in order for your partner to obtain a mortgage.

i.e. You signed documents saying that the money was a gift, when it was really a loan.

That would be fraud by false representation - so it sounds like your partner has admitted in a police statement that you both committed fraud.


It's difficult to see a good outcome for you. If you insist that you lied to the mortgage lender about it being a gift, because it was really a loan - you're incriminating yourself.

[Deleted User]

I do feel sympathy for you but, as I am sure you recognise, you have shot yourself in the foot here. You gave the money as a gift, the mortgage company wouldn't have allowed that money to be used in the house purchase unless you signed something to say it was a gift without expectation of it being paid back as it would lead to problems regarding ownership of the house.

She may or may not have intended this to happen, we aren't in her head so not wise to guess at motivations. We don't know what happened in the last three months.

As far as the law is concerned, yes, this transaction was fraudulent for both of you. Which is going to be costly and difficult and risky to get repaid using the law (can she afford to repay it anyway?) However, she 'might' be generous/honest and pay it back. But absolutely no guarantee of that.

I am sorry its not better news. See a solicitor with any documentation you have and see what they say as they will have more legal expertise and hopefully access to documents we don't. Just one appointment will give you an idea. However bear in mind, they are solicitors to make money, its not a goodwill job. I had a situation where I was told a case had a good chance of being decided in our favour, paid a grand and a half, had our day in court and lost. As we walked out the Barrister said we hadn't a chance in hell of winning. Be careful. We probably could have won with more of an idea of the questions we needed to defend against, but the solicitor didn't help with that. We were missing a vital conversation with a barrister. Remember they don't care about your situation even a tiny bit as much as you do. They just want to get an hourly fee from you and a hundred other clients.