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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 ex girlfriend () refuses to return the remaining deposit

Customer Question

Dear Sir or Madame,
My ex girlfriend (DMT) refuses to return the remaining deposit I placed upon our "family home"(in 2001) which we purchased for £140k, I deposited £70k. I have since received £54k in return.
I left in 2009 having suspected (DMT) had had an affair (which she had), and continued to support my daughter who remained with (DMT) in our "family home", with a promise the remaining money would be returned to me when my daughter reached 18.
My daughter turned 18 in April this year, and (DMT) has no intention of returning my money, despite having lived with her new husband and his baby in his house for the past 2 years or so. Our "family home" which still has my money in, has being let out, with all the money going to (DMT).
My daughter has been living with me since Summer 2014, shortly after she left school, (DMT) continued to collect Child Benefit for our daughter for her own use, and never paid a penny to me for support of our daughter. I have always paid (DMT) child maintenance throughout my daughters childhood, as well as paying all the bills whilst I lived with (DMT).
I have spoken to (DMT) mother, who fully supports my motion to retrieve what is rightfully mine, I should mention at this point that although my name is ***** ***** the deeds, (DMT) mother will swear in court that when she bought my previous house from me, she deposited the £70k against our "family home" in my name.
I'd be grateful if you could clarify the following:
1. When I left the house, it was valued at approx £210k, can I assume I am able to claim for half that ie £105k - £54k (already paid) = £51k remaining?
2. Am I able to claim refund of the Child Benefit paid to (DMT) for the year when my daughter was living with me?
3. Am I able to claim a share (25%) of the rent paid to (DMT) since the house has been tenanted?
4. Do I have to pursue this claim through a solicitor/the courts or can I make a civil claim?
I thank you in advance for your time in addressing these issues.
Yours faithfully
MJP
Submitted: 4 months ago.
Category: Law
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why are you not named on the Title deeds and did you protect your investment with a Declaration of Trust

How much is the house currently worth and how much is outstanding on the mortgage

Expert:  Clare replied 4 months ago.

Hello Clair,
In answer to your question, I guess I was just a stupid gullible fool, who actually believed that for once in her life, my ex girl fried would actually stay true to her words.
Her mother is on my side and will testify in court if need be to help me get back what is rightfully mine

I have copied this here as it is cheaper for you if we keep it all on one thread

How much is the house currently worth and how much is outstanding on the mortgage

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