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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter split from her partner in 2012 .He loaned her

Resolved Question:

My daughter split from her partner in 2012 .He loaned her £70,000 to help buy her own house.This money is to be returned to him on her death,her remarriage or residing with a man who is not a relative. She has received a letter from his solicitors asking if her conditions have altered. My question is -what does" residing" mean in law and as she has met a man and they stay at each others homes two to three times a week at the most. He has his own home ,has no belongings left in her house no key etc. Will this breach her imposed conditions?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 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

How many nights do they spend apart in the average week?

Customer: replied 10 months ago.
her boyfriend spends one night a week at her house and she stays one night with him at his house
Expert:  Clare replied 10 months ago.

That is not "residing" with!

If they spent every night together just at the two different houses that oculd count - but not two or three nights a week in one or other of the properties!

Please ask if you need further details

Customer: replied 10 months ago.
how many nights is seen as acceptable for my daughters circumstances ie conditions imposed on her? Is it necessary for her to respond with a solicitors letter or will a private letter do ?
Expert:  Clare replied 10 months ago.

If they spend more nights a week together than apart - of if he ceases to have his own home, then that is likely to be seen as cohabiting

Customer: replied 10 months ago.
does my daughter need to reply with a solicitors letter or will a private one do?
Expert:  Clare replied 10 months ago.

A letter from her will be fine

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