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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My son and his partner split after only approx 9 month having

Customer Question

My son and his partner split after only approx 9 month having purchased a property together. She remortgaged her house for £70,000 and he contributed only £10,000. When they split he agreed to pay back the 70,000 which he did by a remortgage and help from us. Unfortunately he had to stop work for nearly 2 years with a back problem and it took him a lot longer to repay 40,000 which we assume was the difference between the first purchase price and we believe was fifty percent of the increase in value of the property for whic a restriction was out on the property. This has now all been paid. She is now saying that her so,icitor is saying she is entitled to a further 70,000 because it took so long to repay the 40,000 and she will no remove the restriction. Is this right?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much was the property purchased for?
Was there a written agreement regarding the repayment?
Clare
Customer: replied 1 year ago.
It was purchased for approx £260,000.
There was an agreement for the repayment but until I can speak to my son I don't know what this was. He does however agree that he may be liable for interest on late payment which he will pay.
When this is paid can his partner come back with wanting more money because the house may have increased in value?
I will try and get a copy of the agreement ASAP but would like to know if she can keep coming back for more money. Many thanks
Expert:  Clare replied 1 year ago.
Hi
Without knowing how your son agreed to pay the monies - and what actually happened it is impossible to be certain - but there will be ways of ensuring she does not get any further funds
Clare
Customer: replied 1 year ago.
Many thanks. We are emailing my sons original solicitor to ask if he can email us a copy of the original agreement and will forward to you when received. Hope this is ok.
Expert:  Clare replied 1 year ago.
Hi
That will help a great deal
Clare

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