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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.
2. The word "some" in the final line should be "sum in lieu of rent"
Both parties were not living in the premises at the time, they were renovating it in readiness for moving in.
The daughter's Fiance was paying the utility costs & Council tax.
Do the same circumstances still apply?