Thank you so much for this.
I'm sorry that for various reasons I have been unable to reply to you before now ( I was in Australia visiting family among other things.)
I contacted the lawyer I used for my divorce about this. She said ' the main thing Robert needs to explain/prove is why it was agreed that the money would go into an account in his father's name if it was agreed by everyone that the money was Robert's. And that it was definitely what everyone, including his father, agreed.
I told her your advice and pointed out that it was not unusual for parents to hold large amounts of money like this for their children -for obvious reasons - until they needed it as a deposit to get on the property ladder.
She seemed to completely dismiss all this and replied ' agreed the guarantor bit is totally irrelevant and the property belonged to Robert. It does not change my view re the proceeds and what was done with them. Robert would have to prove that his father agreed the proceeds were to be held in trust ( in my opinion)
So she thinks it is up to Robert to prove he didn't make a gift of this money to his father rather than up to his father to prove he had a right to it ...obviously I will not be using her again.
Since then, I have been unable to find an internet page that sets out the rights and obligations of a guarantor under Scots Law regarding the proceeds of the property. (I'm not very good at this kind of research) I should be so grateful if you could give me a link/website for this. It would be very useful for me to be able to send a copy when I am looking for a lawyer so I can ask their views. I can then choose a lawyer who agrees with your advice -- which is surely right.
Just one more thing that could be helpful for me to know in the future. When my ex-husband refuses to return the money - which he will -and my son is obliged to take the case to court - could his father be charged with theft? Because it strikes me that if you take money from someone without their knowledge and consent and then refuse to give it back - what else is this but theft?
If this is so, it may help persuade him that it is in his own interests to pay up.
Can I ask you if you have ever come across a case before where a father took money from his son?