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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 853
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I gifted my son in law and daughter the deposit house

Resolved Question:

I gifted my son in law and daughter the deposit for their house upon their marriage and now that they have separated i was wondering whther I had any recourse to obtain it back?
The mortage is just in my son in laws name.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
If the money was truly a gift then you would be unable to seek return however if in fact it was agreed that you would be repaid at some point then this would not be a gift and you could try and seek return by way of issuing a Part 8 claim on Form N208 for a declaration as to an interest in the property and also an order for sale.
As you daughter is married then it doesn't matter that the property is in her husbands sole name. Your daughter still has a right to make a claim in respect of the matrimonial finances for any equity.
Your daughter should also register a Matrimonial Homes Rights Notice in relation to the property. This can be done on Form HR1 - from the land registry and is free - to protect her rights of occupation until the issue of the matrimonial finances is resolved.
Kind Regards
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