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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son and his girlfriend bought a house together in October

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My son and his girlfriend bought a house together in October 15 and I gifted him £16000 for the deposit. The mortgage is £150000. His girlfriend left after just a week saying it wasn't what she wanted. My son cannot afford the mortgage alone but has a friend moving in to share the bills. His girlfriend has now sent a solicitor letter saying she wants the house sold and to split the money after the mortgage is paid off. She has made 2 payments of half the monthly mortgage. She has also demanded a list of items from the house that they bought together. Can she force a sale and is she entitled to half of the deposit?
Hi, thanks for your question.
Just a bit more information required.
Was a there a deed of trust prepared in relation to the property?
How much was the full deposit and how much did she contribute?
Are there any early repayment charges?
Is the property in joint names between them?
Customer: replied 2 years ago.
I don't think there was a deed of trust. The full deposit was £16k and she didn't contribute though she did put in around £3k for legal costs other expenses. There will be early repayment charges of around £8k and the property is in both their names.
As the property is in joint names, legally they will be equally entitled despite her not contributing to the deposit. However, if there was clear intention that upon sale of the property your son will be entitled to a return of the full deposit then this would be his argument. If they do not agree to a sale of the property, she will need to pursue to court to force the sale.
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Customer: replied 2 years ago.