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Is this a fair settlement?

34 replies

accidentalteacher · 19/08/2022 13:09

accidentalteacher · Today 12:51
Hi, new poster here!

I have read this thread with interest, as my son is in a similar position and I am panicking like mad!

His live-in girlfriend has just left him. It is his house, but she put in £46,000 to pay off a small mortgage when she moved in, with the verbal agreement that if they split up, he would return that plus some interest. I told them several times they should sign a Declaration of Trust, but they did not, and there is nothing in writing.

My son is disabled with very limited income. Prior to her moving in, the house was rented out and he lived at home. The arrangement was that she would pay the majority of the bills; she was quite happy with the arrangement. She has not asked for the money back yet knew the score when she moved in. She's a lovely girl and I thought they were solid and have no intention of welching on the deal. I intend to give her £51,000, which is the full extent of our 'spare' money. We still have a big mortgage and other children at home.

I hope she will be reasonable and accept this in full and final settlement. They lived together for less than 3 years. Do you think this is reasonable?

Thanks
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Milly0h · Today 12:56
Hi accindetalteacher, I suggest starting your own thread as you will receive more responses. But I think that what you are offering is more than fair. She was a bit reckless getting nothing in writing. I assume her name is not on the deeds?
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accidentalteacher · Today 13:05
No, her name is not on the deeds and there is nothing in writing. As my query is pretty much the same as Toadcatcher's (without the abuse), I was just looking for some independent confirmation that this is a fair offer and that unless she takes him to court, she is best just to accept what is offered. I think she thought it was forever, but Covid lockdown affected her quite badly and his increasing immobility just made it worse.

He is due quite a big op next month, which should substantially improve his mobility, and after a few months recuperation should be able to earn more and generally be a bit more fun.

I think that any court would view any demand for any more, given that he was disabled when she met him, he has deteriorated over the last couple of years and is about to have a serious operation as quite unreasonable.

Just seeking confirmation from anyone who knows that this is likely to be the case.

Thanks

OP posts:
TizerorFizz · 20/08/2022 18:19

So how to buy her out then? No one wants to go to court do they? That’s madness. If DS cannot earn much then he might not get a mortgage. Op might. However I would try to come to an agreement and be reasonable in that she could have used this money as a deposit for her own property. Yes, she’s saved rent but she’s more than paid her way and saved the DS a lot of money. So being as reasonable as possible in negotiations is surely the way to go. Who needs all this angst on top of everything else!

accidentalteacher · 20/08/2022 19:50

TizerorFizz - that's exactly my feeling.

OP posts:
accidentalteacher · 20/08/2022 19:51

And the verbal agreement at the time was that if they split up, she would receive back the same proportion of value as she had invested i.e. 14%.

OP posts:
TizerorFizz · 20/08/2022 21:35

Fair enough then. So that’s the way forward to open up negotiations.

Whatiswrongwithmyknee · 20/08/2022 23:57

That's £52,300 then if it's worth 380K. Personally I think your son should stick to the verbal agreement.

Endlesslypatient82 · 21/08/2022 06:16

Has the ex raised the issue OP?

Endlesslypatient82 · 21/08/2022 06:16

Has the ex said what she thinks would be reasonable?

accidentalteacher · 21/08/2022 12:01

No, she hasn't mentioned a figure, but he says she is being reasonable, whatever that means.

OP posts:
Endlesslypatient82 · 21/08/2022 17:55

accidentalteacher · 21/08/2022 12:01

No, she hasn't mentioned a figure, but he says she is being reasonable, whatever that means.

And you didn’t ask?

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