Gifted money - parental divorce

[MistakenHoliday]

Hi everyone,

A few months ago my mum gifted us a sum of money from her personal savings account to use as a mortgage deposit. The house we were going to put an offer in on fell through and we still have the money in our account.

My mum has now made the decision to divorce from my dad. Obviously, there will discussion about splitting assets and I know that often individual money is seen as joint in divorce proceedings.

Is there a need for me to return this money to my mum or am I still able to use the gift? We’ve seen another house we want to put an offer in on but need this chunk of money in order to do it. My dad doesn’t know she gifted me the money as he doesn’t know she has this individual savings account. He has always been very controlling when it comes to money (part of the reasons for the divorce, amongst myriad other things) and would have ‘forbidden’ her to gift this money had he known.

Ive been trying to find this information online but am only managing to find information about what happens to money gifted by a parent when a couple divorces rather than this way round. Any guidance would be much appreciated.

Not a lawyer
When my parents divorced my father gave money to a relative (to avoid my Mum getting it and he was given it back later ), he also sold quite a lot of furniture and kept the money
My Mum was told that Pre divorce (he did it as soon as he realised she was going to leave) either party can dispose of joint assets.
As I said, not a lawyer though

Not a lawyer either, but could your dad come after you for it? Or will it be taken from your mums potion of the assets. Would she be alright financially if this deduction of money is factored in?

It was gifted before the separation/ divorce so it won't be part of the equation.

Thanks for your replies everyone, I really appreciate it. He could come after me for it, I suppose but it would be out of character - he likes to be seen as the nice guy (even though he really isn’t). She would be ok financially if it was taken out of her portion of the settlement, so I’m not concerned about it leaving her vulnerable in the that way.

@MistakenHoliday

Thanks for your replies everyone, I really appreciate it. He could come after me for it, I suppose but it would be out of character - he likes to be seen as the nice guy (even though he really isn’t). She would be ok financially if it was taken out of her portion of the settlement, so I’m not concerned about it leaving her vulnerable in the that way.

I think to be honest OP these are the main things that you have to worry about.

1. If your father will come after you for the cash after you have purchased your home.

1. And if your mother can afford to still give you the money after her divorce.

Then if no worries then crack on!

But obviously I’m just answering from a moral perspective. Hopefully a real life lawyer willl be along shortly to advise.

Though I do think it’s a complicated area whereby maybe you should seek help from a specialist professional?

If your Dad is controlling with money then I can understand your Mum having a secret account. I would quietly check with your Mum it is still a gift for deposit. If she says yes then go ahead and spend it. Don't tell your Dad your Mum gave it to you. Let him think your dog's Family helped you out.

Partners not dogs.

Thanks everyone. My mum has checked with her solicitor and has been told that it’s fine for us to keep and use it. She may have to declare the account later down the line but the solicitor is confident it won’t be an issue.

That’s great news OP. All the best to you and your mum and for your new home!