Ex fail demanding house deposit back

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I've finally got my nisi through. Our consent order has been drafted, all pretty fair, our pensions are our own, our debts are our own and following the sale of the house the proceeds are to be split 50/50 with ex returning me the money that I've cleared off the mortgage for the past year.

When we bought the house his df gave us the deposit, this was in lieu of a later inheritance in the event of his death and also because he had paid for his dds wedding and uni but hadn't done the same for ex.

About 5 years ago I lost both my parents. I inherited a sum which I split with ex which is now all gone.

When we broke up and discussed finances we had agreed that there was nothing to be done regarding the deposit due to it being a gift and the money ex had received from my parents.

My ex fil has now sent a letter to my solicitor demanding the entire deposit from me. Ex will not discuss this at all. I've contacted my original mortgage provider to get a copy of the application to see how the deposit is recorded, I've done the same to our conveyancer, I've also checked the deeds and there is no charge in fils favour. Is there anything else I can do to protect myself from this claim. Giving him the deposit back would leave me with nothing at all.

It seems to have been triggered by ex having been told to leave the house by me after hitting our ds. There has been a long catalogue of issues over the years

Has anyone got any advice?

Its either he has a charge in which case it would come from both of you. or it was a gift and covered already

Either way there is no way he can claim it back all from you

Good luck

I've spoken to ex, he's decided that as his df sent me the letter it's my problem. He's a dick

Get your solicitor on the case. If he does have a legal claim it certainly isn’t just your problem.

Send a legal letter

There's a very good chance that if it was a gift he'd have had to sign a declaration of that at the time and it would have been all over various bits of paperwork. Mortgage lenders really don't like a borrowed deposit.

It could be a way of getting all the money (a stupid way) so definitely get legal advice

Yes, as PP have said when we last purchased property about 5 years ago, the forms specifically asked if any of the money was coming from anyone else, if it had then they would have had to sign a form to say that they had no interest in the property - or they would have been given a proportion of it.

So I think this is a complete non-starter - if it is detailed as your FIL paying a deposit then he's either got a set sum coming to him (percentage of the house or whatever was agreed) or he's signed his rights away.

Oh, and obviously if it's not on the forms at all, then it's up to him to prove that it needs to be repaid.

Ask your ex for his half of your parents' inheritance, which he spent with you.

He sounds like a dick, and your ex fil even worse.

Stay strong.

Your solicitor can tell them to get to fuck in nice legal wording. Worth it for the peace of mind.

I emailed my solicitor last night to tell her how the discussion went. I'm just waiting for the original documents from the mortgage application and conveyancer then I'm hoping to send him a very nicely worded fuck off letter. Transpired that the pil have thought it appropriate to tell the 5yo I 'broke her daddy's heart' they've also told her they she isn't named after my dead mother but the queen! Nasty odious damaging people who clearly do not understand that if they harm her emotionally then I will restrict time she has with them outside of time with their son

I guess as the absolute hasn't been granted your solicitor can ensure it doesn't go through until this matter is settled?

We need to sort all the finances first. It's just more delays and I can't wait to be free of him

WHere the both amounts similar? I'd be telling his to F off ,,,, they can't retrospectively decide it was a loan because they said so !

House deposit was 41k to us both. From my inheritance I bought him a car 11.5k, gave him 5k, put money each month in his account, cleared all joint debt, paid for a family holiday and refitted two bathrooms in the house. So from what I can tell more than equal

I definitely wouldn't let the dc see PIL on your time. That's for exdh to arrange.

Poisonous people

I have zero tolerance to individuals who choose to involve young DC. I am shocked they would bring your poor DC into this. I had to stop my DS speaking to his grandmother on the phone when he was 4 as she had been saying nasty things about me. I hadn't even thought to listen in until he started repeating what she was saying. Its so damaging and they are really foolish as you are quite within your right to go NC with them due the risk of emotional abuse

My old conveyancer has come through for me, there are 2 letters on the file, both referring to the deposit money as a gift. I've forwarded them to my solicitorto return a suitable response

What is Solicitor-speak for Fuck off matey?

I'm hoping for something along the lines of 'thank you ever so much for your correspondence regarding our client. We have looked into the matter and have found these letters describing the house deposit as a gift. As such this cannot possibly be construed as a loan at a later date. I note your concerns that the property is no longer being used as a familial home, as the gift of your deposit was intended to be used for.However, we believe that to be untrue as your grandchildren are currently residing there. Obviously the property is currently on the market with your sons agreement, yours etc'. I could do it myself and save £300 but it wouldn't be on the headed notepaper

Excellent news, I suspect your mortgage lender at the time of the purchase asked for a letter confirming the funds were a gift as they want to be sure no one else had a claim on the property. ExFIL can GTF.

Oh, that's a great update! The solicitor is currently formulating a letter politely pointing out the FIL's amnesia about the gift of money.

I hope you've got copies of those letters I did think it would be a non-starter due to the numerous amount of forms but it's good to hear that the forms have come in useful for once!

Don't worry I've been emailed scans of them which I've forwarded on to my solicitor. I was keeping my powder dry until I had them

Great!