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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16425
Experience:  I have been practising for 30 years.
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My first husband and I separated 7 years ago now.. My

Customer Question

Hi! My first husband and I separated 7 years ago now.. My elderly parents gave us £20,000 for a deposit on our first home. My then husband bought me out of that home but still owns it and has rented it out to tenants whilst he works away in Nigeria for the next 4 years. I desperately need that deposit money back now as i'm pregnant with my second child and will soon have no-where to live. How can i go about seeking legal advice as to how to get this money back please?
Assistant: Where are you? It matters because laws vary by location.
Customer: Chorlton, Greater Manchester
Assistant: What steps have you taken so far?
Customer: I have tried to ask him to consider options to help me but he just refuses to sell the property concerned or consider any other way to pay me back whatsoever.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No i think that's all for now thank you..
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

who's name(s) on mortgage/deeds?

what did he pay you? how was it decided?

did you get the deposit written in agreement as to be returned to you?

did you have children with him? if so how old?

Customer: replied 1 year ago.
Both were on the mortgage deeds initially, just his now as we went to a Solicitor in 2012 to remove my name. He didn't pay me anything at all, he just took over my share of the mortgage payments. Yes we did, and no children with him
Expert:  F E Smith replied 1 year ago.

You say “your parents GAVE us GBP20,000 for a deposit.”

That implies it was given to you jointly.

If your husband is bought you out, then you have no financial interest in it and I don’t know why you think you would be entitled to the deposit back.

A need-to-know on what basis therefore you think you are entitled to be bought out of the property 7 years ago but then be entitled to some of this deposit?

I think there may be more to this. Thank you