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Thomas Judge
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33526
Experience:  Over twenty-five years experience
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My daughter was divorced a couple of years ago but they still

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My daughter was divorced a couple of years ago but they still own a house (mortgaged) with her ex husband as they have been renting it out. It is now being sold and her husband has suddenly said that they owe his mother some money that was given to them when they purchased the house.
He says it was lent to them but no paperwork was drawn up or signed and my daughter understands that this was a gift to them at the time and has no intention of having to pay this back.
What can she do?
I said that she could speak to the solicitor that is handling the sale and ask him to issue 2 separate cheques. But my daughters ex and herself have a joint bank account which the money from the rental was put into in case there were any repairs etc. the money also in this bank account was also used to continue paying the mortgage.
Can you give me some advice.
when did they buy the house?
Customer: replied 2 years ago.
November 2006
Well from what you have written she in entitled to half of the property. The solicitor is being jointly instructed and as such will have to act on the decision of both parties - she is entitled to half of the money and the solicitor will have to act on her written instructions.
Customer: replied 2 years ago.
so if she writes to the solicitor stating that she wishes to be paid independently of her ex and not into their joint bank account then they legally have to abide by this. Is this correct
That is right - the solicitor will need to pay the money if so instructed into two accounts.I hope this helps - please rate positively - thanks
Thomas Judge, Family Lawyer
Category: Family Law
Satisfied Customers: 33526
Experience: Over twenty-five years experience
Thomas Judge and other Family Law Specialists are ready to help you
I hope this helps. Please remember to rate positively - thanks
HiYou need to be aware that BOTH parties involved must agree to the division of the monies and in the absence of an agreement the solicitors will have to hold the monies until a Court Order is made dealing with the issue.If your daughter has not remarried then the matter can be dealt within the old divorce proceedings; if she has then it will be a matter for property law.Either way the starting point will be Family mediation,.ukRealistically it is likely that your daughter will succeed in the matterClare