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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1440
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Ive gifted money to my partner to puchase her council

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Ive gifted money to my partner to puchase her council house..we split 10 months after we purchased the house,this was 3 months before we were to be married..what is chance of getting money back through the courts.we had verbal agreement that i would be put on deeds once married..council would not let me be put on deeds unless we were married..

Thank you for your question.
Normally a deposit for a house is a large sum of money. If it was given as a loan you could look to recover the monies by making a claim to court if it was a gift then you could not.
I note that there is likely to be no copy of any agreement in writing - this is not always required.
I note that you state that the monies were a gift and not a loan. However you have described that you should have been put on the house deeds in consideration for the monies thus it was intended that your monies would be secured on the property therefore not being a gift. This could give you the opportunity to make a claim at court. If the amount is less than £10k then this would be to the small claims court.
I also consider that you are also likely to have claim under the Trust of Land Act in relation to a financial interest in your girlfriends property as you paid a deposit towards the same.
The Form that you need to complete is Form N208. More commonly known as a Claim Form (Part 8). You would also need to provide a written statement in support of your claim.
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