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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Dear Clare,On 20th and 21st May this year you answered

Resolved Question:

Dear Clare,
On 20th and 21st May this year you answered my question about the best way for my adult son to a obtain a charge on a property jointly owned by him and his ex-partner. I sent the query on 14th May. I’m hoping you are able to refer back to this for the relevant details.
I have three further queries.
*When they bought the house in 2009 I gave them around £5,000 towards legal fees and the cost of a new boiler. As this was a gift, it is correct that son cannot take his £2,500 ‘share’ into consideration when negotiating his share of the equity?
*While they were still together, there were short periods when son was unemployed and so did not share the mortgage payments. He proposes to take this sum into account in negotiations.
In addityion, he will take into account his unpaid share of the mortgage payment from October 2013, when he moved out, until the date he can get his name removed from the deeds. Would you agree that this calculation seems fair and reasonable?
*Would it be fair to seek a 50% stake in the equity and for the above to be deducted from this figure when it bis paid?
Ihave learned that son's ex-partner and her co-habitee each earn £2,200 a month. The property is worth at least £260,000. I believe they could possibly mortgage for a larger sum and pay son his share now, but that is up to them.
Son will not want to force a sale, as it is his eight-year-old’s family home. The charge would become due when he is 18.
You suggested mediation but I know son's ex-partner will refuse.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi and welcome backI can indeed access the old question.was the gift you made given to your son or to both of them?
Customer: replied 1 year ago.

Hi Clare,
My bank records show I paid the house purchase solicitor a cheque for £714 in their joint names in April 2008. In June 2008 I drew out two sums of cash, one for £3,700, the other for 2,300. This was just after they bought the hiouse and were advised the old boiler needed replacing.

I remember offering to pay for this (I was worried about carbon monoxide). I am certain that I just gave them the cash (as that's how plumber wanted payment). But I have no proof of this.

The gift was definitely to both of them, as it was to improve the house.

Expert:  Clare replied 1 year ago.
How much is outstanding on the mortgage?
Customer: replied 1 year ago.

There is approx £142,000 outstanding.

Expert:  Clare replied 1 year ago.
Just to check - is it a repayment mortgage?
Customer: replied 1 year ago.

Yes, it is.

Expert:  Clare replied 1 year ago.
How much capital has been repaid since he left the property?
Customer: replied 1 year ago.

Up until January of this year capital of £3,558 had been repaid. He will receive an annual statement for the year 2015 in January. I expect the figure will be fairly similar.

In October huis ex-partner re-mortgaged with the same mortgage provider at a more advantageous rate (without any reference to son). So the amount of capital repaid will probably increase.

Expert:  Clare replied 1 year ago.
HiIn looking at the settlement your son cannot seek a return of the money that you gave as it was simply part of the capital investedHowever equally she cannot make a claim for the time when he did not pay the mortgage.The only matter which would be relevant would be the Capital repaid since he left which his ex shoudl be given credit for.I hope that this is of assistance - please ask if you need further detailsClare
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