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Legal advice please! Parents separation

4 replies

BeeG · 17/09/2019 08:25

Hi everyone,
Just wondering what people think about this.
My mum and her long term partner of 20 years are breaking up.
They are selling their house and trying to divide equity.
A few years ago they remortgaged and gave me a significant amount of money to pay off student debt to be able to buy a house. I pay them back the extra mortgage fee which is about £100pcm

This is nothing that ever was agreed in writing and was suggested by both of them as my 'parents'
So her ex partner is now refusing to have any contact with me and insisting that I pay back that money immediately.
I am heavily pregnant with my first child. You can imagine the stress and anxiety I'm feeling. As well as the betrayal and rejection from someone you considered a father figure.

Legally, does he have any right to demand payment?
Thanks in advance

OP posts:
Soontobe60 · 17/09/2019 08:34

Unless you signed an agreement then I would say no, he has no right to demand the money back in one lump sum. I would say, though, that it was probably a very bad idea of them to do this. In effect, you've got no debt legally whereas they have.
How much money do you now owe them? I would be looking at getting a loan to pay him back his half if you can, although you probably don't have to legally. Alternatively, you should pay them both an equal amount once the house is sold.

flirtygirl · 17/09/2019 11:21

Legally he has no recourse to demand the lump sum back.

If it was a loan then continue to pay it on those original terms as its not far for either of them to vary it, because of their split.

Don't stress, simply say that to both of them.

As there was no paperwork, they have very little comeback if you stop paying in any way, shape or firm. But obviously that morally wrong.

Do not put anything in writing or agree in writing to vary the agreement, as then you are creating something, that can be claimed against legally.

Rockchick1984 · 17/09/2019 20:12

Could your mum not pay him extra from the equity to reimburse him for it? So if they have £20k equity each (plus the money you owe them), and you owe £10k, he would get 25k and you would owe your mum the full amount?

AMAM8916 · 18/09/2019 11:58

Why don't they settle the remortgage when they sell and your mum can have that amount taken from her share so for example -

The house sells for £200k. The remortgage is £20k. They would each be entitled to £90k. Your mums ex gets £100k and she gets £80k then you keep paying your mum the £100 a month until it's paid off?

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