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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10268
Experience:  30 years as a practising solicitor.
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Hi My parents loaned me money over 10 year ago to pay for

Customer Question

Hi
My parents loaned me money over 10 year ago to pay for a house, me and my ex partner are on the deeds. Neither one of us has paid a penny back and the agreement was, although not on paper, that if the money wasn't paid back the house had to be signed back over to my parents.
My ex partner is taking me to court for a contact order, my solicitor had told me I will not qualify for legal aid because this property is in my name and I don't live in it.
Is it right that in fact my parents own the house because there has been no payments made back to them?
Thanks
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No, the property is owned by whoever is named on the title deeds, in this case you and your partner. You would have to produce a loan agreement entered into at the time if you want to persuade the legal aid board not to take it into account.
I'm afraid you will have some difficulty in persuading the legal aid board to exclude this property from your assets.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10268
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

OK thanks.


 


The house is orlit of non standard construction so I wouldn't be able to borrow on the strength of the house and I'm in way too much debt anyway so wouldn't get a loan and its practically impossible to sell as you can't get mortgages on them, could I use this as my argument to the legal aid board?

Expert:  JGM replied 2 years ago.
Yes you could. If you get it backed up with a surveyor's report that would be even better.

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