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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 759
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My daughters ex boyfriend lived with her in a house with a

Customer Question

My daughters ex boyfriend lived with her in a house with a mortgage which is in my daughters and her fathers names jointly , the boyfriend does not have his name on the house at all. Her father paid 20 thousand pounds in deposit when the contracts were signed in June of 2014.
(The boyfriend has been unfaithful and has now left the home. My daughter was willing to try and repair the relationship.)
He had paid 10 thousand pounds to her father as half of the deposit in October 2014.
This was a gentlemens agreement. No documentation exists. Bank records do exist I imagine.
The boyfriend now expects the deposit back.
Please can you advise me where we stand from a legal point of view and what our obligations might be ?
Thank you
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.
Please may I ask:
- did they marry?
- any children?
- in addition to the 10k paid - did he also do any of the following: pay towards mortgage? Add value to the property through renovation / redecoration ?
Kind Regards
Caroline
Customer: replied 1 year ago.
They are not married and have no children.
He paid rent and bills split equally in half between him and my daughter.
He could argue it was towards the mortgage I suppose.
He did no diy or home improvement indeed he did damage to the house when drunk and did not repair or pay to have it put right.
He lived at my daughters house from June 2014 to September 2015.Regards,
Trisha.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Trisha
Thank you for your response and for clarifying that for me.
As they were not married - the relevant area of law is the Trust of Land Act.
As the ex is not named on the deeds on the deeds then he does not have an automatic right in respect of the property. The ex would however have a claim under the Trust of Land Act in respect of the £10k he paid to reimburse your husband for the deposit and also in respect of monies he may have paid towards the mortgage (although is likely to be limited given the short period he lived there).
It is therefore highly likely that the ex will issue proceedings if the matter cannot be agreed. The ex can ask a court to make a declaration as to his interst in the property and also for an order for sale so that his interest can be realised.
The ex is likely to refer the issue to mediation prior to making an application to the court. This is a way of resolving the dispute without having to make an application to the court. It is worth engaging if such a referral is made as it can save significant time and costs as opposed to court proceedings.
The ex would have to prove the money was paid towards the deposit and mortgage - if this was disputed at court.
Kind Regards
Caroline
Please kindly remember to rate positively. We receive no credit for our work unless positive feedback is received.
Customer: replied 1 year ago.
Hello Caroline,Thanks for your reply.Do we have any avenue for redress because of the distress and anxiety caused by the whole sorry affair.
The ex caught a Sexually Transmitted Infection from his unfaithful act and then withdrew physically and emotionally from our daughter for months befoe finally confessing and leaving the relationship .
He has left her and the family to pick up the broken pieces emotionally and financially and it now seems he will also leave with his pockets stuffed ?
The house does not need to be sold in order to pay him, we can do that .
We do contest that he is entitled to the full amount however.
I suppose that is where the mediation comes into play.
Will the ex have to instigate that mediation ? Is there a cost to instigating and attending mediation ?
We are willing to offer half the deposit back to him ie 5000.
If he refuses would we be best to say take us to small claims court then ?
Do you have an idea of costs that may be incurred in that case ?
For example is the court likely to find in his favour and award 10k plus costs ?
A settlement outside of court is obviously the best way for all concerned.Best regards,
Trisha
Customer: replied 1 year ago.
I will be happy to rate your help and advice at 5 stars Caroline. I assume I do that when we have concluded our Q and A session?
Thanks again ,
Trisha.
Customer: replied 1 year ago.
If I rate now will that close our session ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Trisha
Thank you for your response.
My apologies for my delay in responding to you.
Unfortunately the court will not consider the issue of your daughters stress and anxiety.
The legal argument that will be used by the ex in respect of the 10k paid:

That there was a resulting trust in respect of the 10k - this arises where the non-legal owner contributed in money or money's worth to the purchase, when there is a (rebuttable) equitable presumption that it was the cohabitants' common intention to hold the beneficial interests in proportion to their contributions
The court considers the following in this type of case:

the intention of the person or persons who created the trust

the purposes for which the property subject to the trust is held

the interests of any secured creditor of any beneficiary.
Either party can apply to mediation to try to resolve the matter without the need for court. There are lots of mediation services and there will be one local to your daughter. One such national service is www.nfm.org.uk
Mediation fees depend on your daughters income. A meditation service will be able to tell your daughter what she could expect to pay for fees.
Whilst it is possible to self represent in these types of proceedings - legal fees to be represented can be around £5k. If your case fails at trial then you are also exposed to a costs order being made against you - so it really is better to try and avoid proceedings.
Whilst you can try and offer less - if this isn't accepted then you could be in proceedings.
Please do not hesitate to ask if I can clarify anything for you.
Your question does not close when you leave positive feedback and I can answer your follow up questions for free.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 759
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for your help Caroline,
Your advice has been most welcome.
I have rated your work as 5 star.
I likely will have some additional questions once I have let my daughter and husband see our Q andA session.My husbands comments may be tomorrow or indeed after the weekend as he is working away.Thanks again,
Very best regards,
Trisha.
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome Trisha
Thank you for your kind positive rating
Happy to help with any more queries
Kind Regards
Caroline
Customer: replied 1 year ago.
Morning Caroline,
My husband and I have spoken and he has 3 points to make -- A (our daughter) had been repaying deposit monies to the Ex at a rate of £150 per month for 8 months .
Will this be detuctable from the £10 K ?
-Also the damage to the bedroom door when drunk which is not fixed and does require a new door. Are we able to remove the cost of that also from the 10K ?
Finally .... hopefully we can agree with out the need for mediation or the small claims court .......and if this is the case.....
can my husband and Daughter , as the Father and Daughter who are named on the deeds , prepare a document something in writing that the Ex can sign stating that he will take and indeed agrees on what we offer and will not return at a later date to make further claim on the property and assets. .... IF we write a document to that effect does it need to have Lawyer / Solicitor stamp of authority or be witnessed in some way ? We would want the document to be binding and to bring everything to a close legally once it is signed.Please can you advise on these points and hopefully we can move on positively to a mutual agreement.Thank you Caroline,Best regards,
Trisha.
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Trisha
Yes - the monies that your daughter has been repaying can be deducted - hopefully these will be by bank transfer or their is some receipt so he can't deny receipt of the same.
In respect of the bedroom door - whilst the courts do not take such issues into account as matter of course - he may well accept such a deduction through negotiation / mediation.
If agreement can be reached - then you can ask a solicitor to prepare a consent order in the terms of the agreement reached. A solicitor will charge circa £200 for this. Once signed this can be sent to court for approval. Once approved by the court (returned stamped) it is binding. Court fee is £50. Application sent to local county court.
Please do not hesitate to ask if I can assist further.
Kind Regards
Caroline
Customer: replied 1 year ago.
Caroline hello again,Thankyou for your reply to my further questions.I wil be back in touch if anything else occurs to myself , my husband or daughter,Regards ***** ***** wishes,Trisha.
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Trisha
Please don't hesitate to ask if I can assist further
Kind Regards
Caroline
Customer: replied 1 year ago.
Hello Caroline,I hope you are well ? It has been a couple of weeks since we last spoke.I am happy to say that our issues have been almost resolved and I have been asked by my daughter to approach you for advice on wording the terms of a binding document/ letter that her Ex boyfriend is willing to sign.He has agreed that he will accept 8000 pounds in final settlement and will make no further approach in the future to our daughter for money. He has agreed that this payment will be the one and only payment and that it will be the only payment he approaches the family for. He says he will be "happy to walk away" .To be fair he is not a bad person and a simple document hopefully will do what we want and that is to protect our daughter and her fathers property.
We all feel that this is the best way forward.The very best to you,
Regards,
Trisha
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your message. I do hope that you are well.
I am glad to hear that you are close to resolution with your daughters ex - it is really nice to get follow up messages.
I wish you all the best.
Kind Regards
Caroline

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