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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter split from her partner in 2012 .He loaned her

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My daughter split from her partner in 2012 .He loaned her £70,000 to help buy her own house.This money is to be returned to him on her death,her remarriage or residing with a man who is not a relative. She has received a letter from his solicitors asking if her conditions have altered. My question is -what does" residing" mean in law and as she has met a man and they stay at each others homes two to three times a week at the most. He has his own home ,has no belongings left in her house no key etc. Will this breach her imposed conditions?

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How many nights do they spend apart in the average week?

Customer: replied 1 year ago.
her boyfriend spends one night a week at her house and she stays one night with him at his house

That is not "residing" with!

If they spent every night together just at the two different houses that oculd count - but not two or three nights a week in one or other of the properties!

Please ask if you need further details

Customer: replied 1 year ago.
how many nights is seen as acceptable for my daughters circumstances ie conditions imposed on her? Is it necessary for her to respond with a solicitors letter or will a private letter do ?

If they spend more nights a week together than apart - of if he ceases to have his own home, then that is likely to be seen as cohabiting

Customer: replied 1 year ago.
does my daughter need to reply with a solicitors letter or will a private one do?

A letter from her will be fine

Clare and 3 other Law Specialists are ready to help you