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Money Moral Dilemma: Should I take legal action against my daughter?

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Comments

  • Write to her and ask her to resume payments or else you will be taking legal action. If no joy write to her husband. As last resort take legal advice as not sure where you stand unless it was a very formal written agreement.
  • If she can't be honest enough to pay her side of the bargain, maybe marriage issues caused by you are the least of her concerns if you can't make any headway yourself asking nicely or being open and honest.

    Any marriage issues will have been caused by the daughter not the mother! The mother lent the money to her daughter in good faith and if the daughter didn’t inform her husband of this loan, then any subsequent marital difficulties due to non payment of the loan are down to the daughter alone.


  • I went round to see them after the fall out at the wedding. The husband wouldn't let me in said I was mad and did nothing for the wedding (I did nearly everything) and also said how dare I go to HIS house uninvited! I was heartbroken. 
    I have written since...it was ignored. I have been around again and she promised to pay. That was months ago. The husband has a drug problem and his family were relieved to get him off their hands. I think they have been stirring things. I am now destined to pay his mortgage for the rest if his life.
    My income is less than £10000 a year and I have just had major surgery for cancer. 
    No one deserves this from their child. £130000! How am I expected to pay this?It's disgusting. I'm ashamed of their behaviour. I'm now  on antidepressants. 
    They can't be allowed to get away with this. She has paid the mortgage every month for 4 years up until the wedding. I have the bank statements. I was forced to sign the paperwork from her bank or she'd lose her 
    own mortgage. I took no legal advice. I trusted her. I loved her.
  • Keep_pedalling
    Keep_pedalling Posts: 20,527 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    I went round to see them after the fall out at the wedding. The husband wouldn't let me in said I was mad and did nothing for the wedding (I did nearly everything) and also said how dare I go to HIS house uninvited! I was heartbroken. 
    I have written since...it was ignored. I have been around again and she promised to pay. That was months ago. The husband has a drug problem and his family were relieved to get him off their hands. I think they have been stirring things. I am now destined to pay his mortgage for the rest if his life.
    My income is less than £10000 a year and I have just had major surgery for cancer. 
    No one deserves this from their child. £130000! How am I expected to pay this?It's disgusting. I'm ashamed of their behaviour. I'm now  on antidepressants. 
    They can't be allowed to get away with this. She has paid the mortgage every month for 4 years up until the wedding. I have the bank statements. I was forced to sign the paperwork from her bank or she'd lose her 
    own mortgage. I took no legal advice. I trusted her. 
    Are you really the person this thread refers to? I am convinced these MMD threads are entirely made up by MSE staff, and your tale of woe does not stack up no can get a £130,000 mortgage on an income of £10,000 a year.
  • It was a buy to let mortgage. Based on rental income. 10k is what is left after mortgage . Unbelievable isn't it! 
  • Keep_pedalling
    Keep_pedalling Posts: 20,527 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    It was a buy to let mortgage. Based on rental income. 10k is what is left after mortgage . Unbelievable isn't it! 
    That makes no sense either, you can’t take a BTL mortgage on your own home.
  • Put your request to recontinue monthly payments in writing, as you have done in post. Give a time limit to restart payments, 14 days for example. If payments not restarted, then you'll have to decide either to sue, or forget it and move on. Legal aid should help with court fees if you're over 61 with savings less than £16k. Which just means finding a good lawyer to assist you through court forms. Google the law of unjust enrichment. Without a formal contract, this might be your best approach. Your daughter has unjustly enriched herself at your expense by stopping her agreed repayments. You'll not get any interest, as, no agreement. But she can be forced to repay you in full, even if it means they sell up &repay you from their equity. And, her debt is his debt, they're married! Good luck, 
  • Jamey23 said:
    And, her debt is his debt, they're married! Good luck, 
    That is total BS.

    https://debtcamel.co.uk/snapshot/his-hers-debt/
  • stu369
    stu369 Posts: 57 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I went round to see them after the fall out at the wedding. The husband wouldn't let me in said I was mad and did nothing for the wedding (I did nearly everything) and also said how dare I go to HIS house uninvited! I was heartbroken. 
    I have written since...it was ignored. I have been around again and she promised to pay. That was months ago. The husband has a drug problem and his family were relieved to get him off their hands. I think they have been stirring things. I am now destined to pay his mortgage for the rest if his life.
    My income is less than £10000 a year and I have just had major surgery for cancer. 
    No one deserves this from their child. £130000! How am I expected to pay this?It's disgusting. I'm ashamed of their behaviour. I'm now  on antidepressants. 
    They can't be allowed to get away with this. She has paid the mortgage every month for 4 years up until the wedding. I have the bank statements. I was forced to sign the paperwork from her bank or she'd lose her 
    own mortgage. I took no legal advice. I trusted her. I loved her.
    So it sounds like you are the (part) legal owner of your daughter's house and responsible for the mortgage on it.
    In that case, if you don't want to help your daughter, take legal advice to have the house put up for sale. You don't want the bank to repossess it otherwise they will come for your cottage to make up the shortfall. 
    If you do want to help your daughter then you could get an equity release mortgage on your cottage to extract all the inheritance from it, and you won't have to make any payments on it, your daughter will get no inheritance from you, but you should be able to continue to pay the mortgage on her house. 
  • Something seems quite surreal about this🤔
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