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Ash
Ash, Solicitor
Category: Family Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My Sons Wife parents gave them £50,000 two years ago towards

Customer Question

My Son's Wife parents gave them £50,000 two years ago towards the purchase of their property. He was verbally told that the £50k was a charge on the property and that should the property be sold, they would have that money back.

My son and his wife, unfortunately have separated and his wife has filed for divorce. His wife has moved out the house with their two children age 4 and 2. My son is still living in the property and has no intention of selling it, as he and his wife have arranged to have joint custody of the children. He has the children 1 day per week and at week ends and she the rest of the week.

His wife's parents are now demanding that the £50k be repaid and with interest. At the time of the of the giving of the cash, nothing was mentioned that should the house be sold, they'll have the funds back with interest

My question is - the house is not sold and won't be. If he were to give them back the £50k, are they entitled to interest and at what rate?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ash replied 2 years ago.

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Is there anything in writing at all? I assume no payments have been made since the loan was taken out please?

Customer: replied 2 years ago.
Please note, that it was not a loan; it was given as a gift with the proviso that if the property was sold he £50k should be given back to the patents. There was nothing in writing at the time the many was given. I did say this in my original note to you.
No payment has been made.

Please note also that the email I gave you was incorrect. It should read: [email protected] This is a borrowed email, not my personal email. My personal email is: [email protected] I did insert this in the original note but an error message came back saying that email was used by another customer. I must point out that I am the same customer. I used your service on another matter sometime ago with the email of [email protected]
Your error message just gave me the option of putting a different email but there was no allowance for me to inform you that I was the same person. Hence, I had to borrow someone else's email.
I was not happy with the fact that there was no allowance for me to inform you. I consider this to be poor communication. There should be space for one to communicate back to you before an email is changed. The system would not let me continue/proceed until I changed the email. And as it so happened, I had the wrong email.

I would be grateful if you would use my personal email of [email protected] when sending your reply.

Many thanks

Trevor

Expert:  Ash replied 2 years ago.
Sadly I can not email you communication must be via this thread.

Do you still wish me to answer this?

Customer: replied 2 years ago.
When can I expect an answer to my question? I did ask for an urgent answer which I sent in Monday night
Expert:  Ash replied 2 years ago.
I just need you to know that I am not permitted to email you directly, it is against site rules.

If there is no evidence of any agreement or that interest was payable then it will not be. If it went to Court a Judge will want to see some evidence of an agreement and some evidence of an agreed interest rate.

I assume there is no evidence. If they brought a claim they could TRY and claim 8% from the date of ISSUE of the claim form, but in my experience with Bank of England rates so low Judges are only allowing 3% at the moment.

But no - they can NOT claim interest if this was a gift.

Can I clarify anything for you about this today please?

Alex

Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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