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Documentation of gift towards house deposit

35 replies

mindutopia · 18/05/2020 10:58

Dh and I have been fortunate that my mum and stepdad have been willing to gift some money towards our house deposit (from my eventual inheritance). House purchase is currently paused because the lender has been waiting for restrictions to be lifted so that the valuation could be completed. We are hoping this will be completed soon though and that we can exchange/complete by July.

During lockdown it's come to my attention that stepdad has a very troubling criminal record from before he met my mum. I suspect she has no idea, but I can't know for sure. It's troubling enough that we will go NC as a result. My concern is that when we do, stepdad and/or my mum may try to cause issues related to this gifted money (for example, trying to tell the lender it was a loan rather than a gift, or whatever else they might be able to do to generally cause us grief).

My question is: what sort of documentation should be make sure we have in place so that there can be no dispute related to the nature of this money?

We already have a signed gift letter from them, which is on file with our mortgage advisor, the lender and with our solicitor. They have also completed a separate form confirming the money was a gift with our solicitor. And I have copies of emails back and forth discussing it (for example, them saying how much they would like to contribute, us emailing to say thank you when the bank transfer was received). I obviously also have all the financial records of the transfer, etc. Do we need anything else to protect ourselves?

Also, is this something we should mention to our solicitor? By that, I mean our concerns that they may try to claim the gift is not a gift and to explain to solicitor the reason why (they we have information on stepdad's past criminal convictions). I am inclined to discuss it with the solicitor, so that it is on file, but dh is nervous because he thinks that will somehow cause us even more problems and that it's better for now to just pretend we are none the wiser and just complete and hope for the best.

OP posts:
Moondust001 · 18/05/2020 12:40

You are going to keep the money but refuse to ever have anything to do with either of them? And then not even tell your mother why? Sorry, he might be a piece of work, but so are you!

PegasusReturns · 18/05/2020 12:51

No matter what your stepdad has done it’s morally wrong to take money from him and your mum and then go no contact.

Your mum might need that money Sad

Celeriacacaca · 18/05/2020 12:56

So how would you respond to your mum if she asks, having been told by you and then left him, that you knew this information that would possibly put her in a position where she'd need the money, yet you went ahead and used it for yourself? I think your relationship with her would be over. Morally you can't use it until you see what the fall out is and what her circumstances are.

mummmy2017 · 18/05/2020 13:03

How did you find out?
I know someone who was accused, there was gossip, he was never charged, but muds sticks.

dontdisturbmenow · 18/05/2020 13:29

I can understand why you'd want to have more information and then consider telling your mum or not.

What I don't understand is why you would want to accept money from someone you want not contact with at all.

Is the money coming from your mum's earnings/inheritance, or is it really his and only your mum by name because it's anoint account?

If the latter, it is quite bad taste.

arickitupyourpompom · 18/05/2020 23:01

You should accept give back the money at the end of the day she's your mum and it's pretty shitty to take that money and then go nc

TheTiaraManager · 19/05/2020 00:10

Financial resources may be key to your DM being able to leave him. Surely it's a positive the hour purchase has stalled as you are in a position to return the money once you've told her?

Comefromaway · 19/05/2020 00:37

Assuming it’s been drawn up correctly the gifted deposit firm will state everything you need. Your solicitor will have written to your parents advising them of this and to take their own independent legal advice to make sure they understand what they are signing.

Most people don’t bother.

Ginntoniconpause · 19/05/2020 09:27

Was the money given recently? How did you come to find out about your stepdads crimes?
Could you have an open conversation with your mum? Tell her what you've been aware of and that you don't feel that you can continue having a relationship with him but will continue to do so with her? If it was me I would suggest coming up with a payment plan to pay back the money and ask if this would be something she would want to go ahead with.

BananaPop2020 · 19/05/2020 19:32

@mindutopia are you absolutely sure your mother doesn’t know his his background already? How did you come to find out?

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