We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Gifted deposits and private agreements

2»

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 March 2022 at 4:32PM
    Jo*_2 said:
    MWT said:
    Jo*_2 said:
    Hi - absolutely not. My question though is if that other agreement is an agreement that has to be legally adhered to?
    It is possible to draft something that would be legally binding, and could avoid the potential for fraud, but given that no professionals have been involved I'd be surprised if that had been achieved
    Not really much any of us can say though as the answer depends entirely upon how it has been drafted.


    He just drafted this second agreement himself. No legal entities involved, nor any witnesses. Would this still be legally binding?
    Would be expected that a party should have had independent legal advice to fully comprehend what they are ageeing too. Easist counter claim to make otherwise is one of being bullied/coerced into signing against ones will. As the donor happily gifted the money at the time of the mortgage application. 
  • Why not just use a lender that allows the repayment terms to be set out that both meet lenders criteria and both parties requirements? 

    Speak to so many people who want to know how to get round the system without actually checking if it can be done legitimately first 
  • MWT
    MWT Posts: 10,901 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Why not just use a lender that allows the repayment terms to be set out that both meet lenders criteria and both parties requirements? 

    Speak to so many people who want to know how to get round the system without actually checking if it can be done legitimately first 
    If the house purchase hasn't already gone ahead then I agree 100%, the money clearly isn't a gift, so best to deal with that up front.
    In this case though I got the impression, perhaps wrongly, that it was a bit late for that...

Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.3K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.3K Spending & Discounts
  • 247.2K Work, Benefits & Business
  • 603.9K Mortgages, Homes & Bills
  • 178.4K Life & Family
  • 261.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.