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ReadyLaw, Lawyer
Category: Property Law
Satisfied Customers: 4994
Experience:  Bar Professional Training Course
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I've separated with my husband a year and a half ago. I

Customer Question

Hi, I've separated with my husband a year and a half ago. I stayed in the family home with our son. We have a joint mortgage but my ex partner was initially refusing to pay half of it but eventually start doing it but payments aren't always regular. When we purchased property my ex partner parents gave us money for the deposit and me and ex partner were paying it back. I wasn't initially added on mortgage, it was solely in my ex husband name for 6 years. Also over the years his parents were helping us financially and we were paying it back to them. Now I am in position where I am a primal carer for the child, pay fully for the joint mortgage and also receive threats from in laws that I am obliged to pay back the deposit money that they've given and the rest of financial help that they provided over the years. Can you advice please can in laws get money of me and also what to do in my situation please?
JA: Where are you? It matters because laws vary by location.
Customer: Doncaster
JA: What steps have you taken so far?
Customer: Tried to resolve the situation privately but in laws insist on paying them deposit money and the rest back
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that all. thank you
Submitted: 7 days ago.
Category: Property Law
Expert:  ReadyLaw replied 7 days ago.
Hi welcome to justanswer
Expert:  ReadyLaw replied 7 days ago.
I amCustomerone of the legal experts here. My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.
Expert:  ReadyLaw replied 7 days ago.
I may not respond immediately, this is because I may need some time to read what you shared above, type and respond to you.
Expert:  ReadyLaw replied 7 days ago.
If there is anything else you need, please let me know before I respond?
Customer: replied 7 days ago.
No, thank you. that's all
Expert:  ReadyLaw replied 7 days ago.

Thanks for your patience and enquiry. Kindly give me a minute, I am in the process of typing a written response to you here.

Expert:  ReadyLaw replied 7 days ago.

I am sorry to hear what is happening with your in laws. They do not by law have a right to demand payments from you or to threaten you. Legally if they are threatening you, this is a criminal matter for which you may report to the police for them to pursue.

Expert:  ReadyLaw replied 7 days ago.

In relation to the in laws, the only legal right to the property is based on whose name appears on the deed. As such, if their names are ***** ***** the deed they do not have a legal right to it. Properties acquired during a marriage is usually divided equally between spouses. You may therefore argue a 50/50 equal share I. The division of this asset.

Expert:  ReadyLaw replied 7 days ago.

the above being said however persons can ask for the court to move away from this split depending on the circumstances of each case. For example, in this situation, your spouse could argue that he/she would have made the initial contribution for purchase. This is a factor that could be considered. You however could counter this argument based on any contribution you made towards the mortgage solely over the years.

Customer: replied 7 days ago.
Thank you for prompt response. They threaten to take me to court if I don't make payments to them. The problem with the property is that I wasn't initially on the mortgage and it was solely in my husbands name for 6-7 years. He is classified as a primal borrower and the in laws given the full amount for the first deposit. So after the separation we agreed that I pay mortgage, my husband sends half of it to me and I transfer this amount to in-laws to return back money that they lended to us. Eventually I stopped sharing that money with in-laws and they start demand it of me.
Expert:  ReadyLaw replied 7 days ago.

To be quite frank, situations such as these usually get very litigious. As such, it is recommended that you resolve this amicably. However, unless there was a written agreement with the parents, they are unlikely to be able to feature in your separation discussions or court matter,

Expert:  ReadyLaw replied 7 days ago.

If it is that it was agreed to be a loan, then in those circumstances they could ask for their money back. It would however be a joint obligation between you and your spouse and not a personal liability that would be for you alone to pay.

Expert:  ReadyLaw replied 7 days ago.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 7 days ago.
Thank you. There was no written agreement regarding the loan that they given to us. It was financial help from them that they now demanding back.
Expert:  ReadyLaw replied 7 days ago.
Then there is no legal obligation to repay.
Expert:  ReadyLaw replied 7 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add the nameCustomeras a favourite expert. You may also tag me in a question starting off with @Readylaw.

I look forward to helping you again soon.

Thanks again,