Family loan

enthusiasticsaver · 19 May 2019 at 12:43PM

Kentish_Dave wrote: »

I disagree. You cannot forgive a debt then change your mind six years later.

Once the debt was gone it can’t be resurrected.

No documentation to say the debt was written off. Whichever way you look at it the area is grey. Chances are if this loan, gift or whatever was lent or given towards the deposit then the mortgage lender was presumably unaware of this. In 2002 they were no where near as careful about origins of deposits though so maybe it was not queried. Morally I think it is difficult though if the parents of one partner in a marriage give an unequal amount of help at the time of buying then that relationship disintegrates I think it is highly likely most of us would not feel inclined to let the gift stand to the other party of the gift.

Legally though the FIL has a contract to say he lent the money and it was not repaid as promised in 2012. There is also the non documented writing off of the debt according to the OP. Now the relationship has broken down the OP knows full well the gift was given in good faith to both him and his ex on the assumption their marriage was for life. If it goes to court it will be expensive for both parties and presumably the OP wants to move on with his life. He should do the decent thing, accept the gift was given to his ex and not him and take his share of the equity and move on after repaying his half of the gift to his FIL.

enthusiasticsaver · 19 May 2019 at 12:46PM

Where I do think the OP has a point though is that the FIL should not necessarily get the 20% value of the property at todays prices but in 2012 prices when the loan should have been repaid. This may be a somewhat middle ground if the two parties want to see an end to the arrangement.

Kat78MFW · 19 May 2019 at 1:00PM

We bought in 2002 using a loaned deposit from BIL and SIL. They loaned us 10 000 towards a 124000 purchase. We were never asked by the mortgage provider or the solicitor about the source of the deposit. I don't think loaned deposits were an issue at all in 2002. There was only minimal assessment of affordability as well. Very different times.

I totally understand the FIL point of view on this - I think as long as you come out of this with some equity as a deposit for a new place, you'll have done alright. If FIL hadn't loaned the money, you might have had to rent for years and wasted 1000s in rent. Also by getting on the ladder in 2002, you have benefited rather than suffered from the rise in house prices.

DoctorStrange · 19 May 2019 at 2:51PM

All very messy, and in such cases what's legally acceptable is not always what's morally correct.

If I was in that situation, I'd think that the FIL helped me out when I needed it and his act of kindness should not come back to haunt him.

As such, I'd say that the ownership of the house is split 40/40/20. Assuming the FIL is acting to protect his daughters interests, I'd offer a 60/40 split in her favour.

As others have said, you benefited from the leverage his monies provided, as well as lower mortgage payments over the years. So, whilst you may feel his "gift" is now being retracted (and that's not without merit) when you weigh up the costs of fighting this, both financial and mental, I'm not sure it'd be worth it.

Good luck to you all, whatever you choose to do.

Flip1234 · 12 June 2019 at 2:23AM

Hi. Yes he wants 1/5 of value of property back. I got into my situation through gambling. Got myself into lots of debt. I'm paying the debts off through loans. Living back with my parent. I would happily let him have his money back but I will then not be able to put a deposit down on another property. To be able to spend time with my children in my own place is what I am trying to achieve.

Flip1234 · 12 June 2019 at 3:17AM

Hi this was our second home. The in laws were working and living abroad at the time. There house was let out. We gained an extra bedroom which they would use when they were coming back for holidays visits etc.

dogshome · 13 June 2019 at 9:22AM

Situation not quite one of parent helping kids on the property ladder

Dad is a sharp cookie in in fixing the loan value to the house value over 10 years - It's a rock solid investment with a very, very good return.
Loan £35K - Present house value £315K - Loan payback £63k

The problem is that in how in blazes did Dad think the loan would be re-paid?
For a normal family, to find £63K they would have to sell the house and buy another for only £252K - This ? adds credence to the unwritten agreement that the loan was written off.

However, the OP's 1st post says " lent us"
If the house ownership is in joint names, both the daughter and husband are jointly liable for the debt, so the OP's share is £31,500, not £65,000.

foxy-stoat · 13 June 2019 at 9:45AM

dogshome wrote: »

Dad is a sharp cookie in in fixing the loan value to the house value over 10 years

Only if he added a charge to the property years ago - if not then it will all be down to trust and what is morally correct.

Gaz83 · 13 June 2019 at 12:00PM

dogshome wrote: »

However, the OP's 1st post says " lent us"
If the house ownership is in joint names, both the daughter and husband are jointly liable for the debt, so the OP's share is £31,500, not £65,000.

Nope.

Not unless the original loan agreement specified a loan of £17.5k to one and £17.5k to the other.

If it was a joint loan, then both parties are jointly and severally liable for it. The lender is well within their rights to attempt to get the money from whoever they think it will be easier to get it from.

Exodi · 13 June 2019 at 2:48PM

Brutal, my partner's dad gifted my partner a sizeable deposit. I deliberately had a declaration of trust drew up to protect this in any case.

The thought of being joint tenants, breaking up, and trying to pocket her dad's money.

I wish you the best of luck OP but I certainly couldn't do what you're considering...

Family loan

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