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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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My daughter recently broke up with her long term Fiance. They

Resolved Question:

My daughter recently broke up with her long term Fiance.

They had bought a house in his Mothers name, because he could not obtain a mortgage.

My daughter has been paying the mortgage, not to the mortgage company, but to his Mother, because of the mortgage being in her name.
In total she has paid c.£5000 in mortgage fees.

Her Fiance's family, Mother, is now saying because they have split their relationship, that my daughter is not entitled for refunding of the mortgage payments she has made.
Even though the intention of the familt is to keep the house for their own use.

Obviously through her bank transactions, my daughter is able to prove she has made payments into the Mothers bank account each month.

Does my daughter have any legal position on this matter?

Thankyou

Paul Groves
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.

Buachaill :

1. YOur daughter can simply claim back the mortgage payments as a simple debt against the mother in whose name the property was bought. Alternatively, your daughter can seek to claim a share in the property but given how little is involved, I would not advise this course of action as it is very messy should she seek to get her share of the property. Be aware that when she claims the money back, some allowance will have to be made in respect of a rateable sum for living in the property in lieu of rent. As your daughter obtained some benefit from the whole transaction she will have to account in part for that benefit when claiming the money back. Accordingly, work out what would have been a fair some in lieu of rent and deduct part of it from the 5,000 owing when claiming the money back.

Buachaill :

2. The word "some" in the final line should be "sum in lieu of rent"

Customer:

Both parties were not living in the premises at the time, they were renovating it in readiness for moving in.

Customer:

The daughter's Fiance was paying the utility costs & Council tax.

Customer:

Do the same circumstances still apply?

Buachaill, Barrister
Category: Law
Satisfied Customers: 10458
Experience: Barrister 17 years experience
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