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Ex fail demanding house deposit back

64 replies

Fenellapitstop · 15/09/2018 17:10

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?

OP posts:
Fenellapitstop · 28/09/2018 14:49

I've read my solicitors response, it's a beautiful version of fuck off, very detailed. It's been sent to his solicitors so I'm sure there will be more x

OP posts:
twiglet · 28/09/2018 15:05

As a gift it wouldn't stand up in a court of law especially as you have the original letter.
My DH had to "gift me" his share of the deposit which was 2/3's as he had been made redundant and the mortgage originally had to go in my name.
We got an agreement drawn up which was signed/witnessed, created by a solicitor etc which covered incase we ever split up.
Unless you did the same with your pil, which by the sounds of it you didn't then they don't have a leg to stand on. They can try to go through small claims court but very doubtful any judge would award a gift however many years down the line without anything signed.

Fenellapitstop · 28/09/2018 17:02

Now ex is saying he's not happy with the consent order due to a couching term that he has to pay me anything I've cleared off the mortgage since he was made to leave. He hasn't contributed at all in a year now

OP posts:
zzzzz · 28/09/2018 17:26

This reply has been deleted

Message withdrawn at poster's request.

twiglet · 28/09/2018 17:35

Ask him if he wants to line pockets of solicitors or be a grown up as dragging things out will only make one party happy and that's the solicitors who are receiving the money for letters and redrafts!

Clutterbugsmum · 28/09/2018 17:56

As I said earlier they were trying to get money back for your Ex by saying that it was a gift. So of course it not happy with the consent Order.

SassitudeandSparkle · 28/09/2018 18:49

Aaaaaand the longer he leaves it, the more money he's going to owe you. No rush Grin

Fenellapitstop · 28/09/2018 19:35

I've already been awarded costs so the more he does of this the more it costs him in the long run

OP posts:
Fenellapitstop · 10/10/2018 22:04

I haven't heard any more about the deposit but now he's refusing to agree the consent order. It's 13 days till I can apply for the absolute. I'm done

OP posts:
RandomMess · 10/10/2018 22:07

What a prat!

SassitudeandSparkle · 11/10/2018 11:34

Can you point out that every month he delays it is another £x amount that he owes you? I'm assuming that it is the mortgage clause again. Or he can incur further costs redrafting the order? Maybe a combo of both if he really wants to maximise his losses?

Fenellapitstop · 11/10/2018 11:45

I have, I'm hoping his solicitor will attempt to talk sense to him

OP posts:
Fenellapitstop · 24/10/2018 09:01

He has agreed to sign the consent order I'm not getting the money back that I've cleared off the mortgage from him. I'm 12k worse off than him as a result but I will be free

OP posts:
Sashkin · 28/10/2018 17:48

Why on earth are you wasting your precious contact time taking your children round to see HIS parents? That's for him to arrange during his contact time. They are taking the piss out of you if they expect you to facilitate them badmouthing you to your children.

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