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Hi there, I have a question about a gifted deposit towards a joint mortgage.
A couple of years back, me and my sister both gifted my mother (and our intention was our mum *only*) £10,000 each, towards her and her partner's joint mortgage.
On the gifted deposit letter that I and my sister signed, we were both very clear in writing that the gift was for our mother only - we only wrote her name. These letters were then sent off to her mortgage broker.
Fast forward to 2024 and my mum and her partner are splitting up, and they are arguing over home equity. Her partner seeks half of the gifted deposit which my sister and I signed over to my mum.
We've received copies of the original gifted deposit letters from the mortgage broker, and it would appear that they themselves have crudely written in my mother's partner's name, after her own. Neither of us consented to this, nor wrote my mother's partner's name on this letter.
It's very clear from the letter that the broker (or someone else) wrote her partner's name in; the handwriting is completely different, and also in a different colour of ink to what my sister and I had written.
My questions are as follows:
1. Does this entitle my mother's partner to half of the gifted deposit, which we had intended only for her.
2. Is it a requirement for a gifted deposit in a joint mortgage situation, to be gifted 50/50 to both applicants; hence they felt at liberty to add my mother's partner's name?
3. If 2. is "no" - does this then mean settling with my mother's partner; giving him half of the gifted deposit as part of the proceeds from the property sale, and then suing the mortgage broker for the difference?
I should note; in case relevant, that this would come under Scottish law, and both are unmarried. My mother's (now) ex-partner is not our father.
TIA!
A couple of years back, me and my sister both gifted my mother (and our intention was our mum *only*) £10,000 each, towards her and her partner's joint mortgage.
On the gifted deposit letter that I and my sister signed, we were both very clear in writing that the gift was for our mother only - we only wrote her name. These letters were then sent off to her mortgage broker.
Fast forward to 2024 and my mum and her partner are splitting up, and they are arguing over home equity. Her partner seeks half of the gifted deposit which my sister and I signed over to my mum.
We've received copies of the original gifted deposit letters from the mortgage broker, and it would appear that they themselves have crudely written in my mother's partner's name, after her own. Neither of us consented to this, nor wrote my mother's partner's name on this letter.
It's very clear from the letter that the broker (or someone else) wrote her partner's name in; the handwriting is completely different, and also in a different colour of ink to what my sister and I had written.
My questions are as follows:
1. Does this entitle my mother's partner to half of the gifted deposit, which we had intended only for her.
2. Is it a requirement for a gifted deposit in a joint mortgage situation, to be gifted 50/50 to both applicants; hence they felt at liberty to add my mother's partner's name?
3. If 2. is "no" - does this then mean settling with my mother's partner; giving him half of the gifted deposit as part of the proceeds from the property sale, and then suing the mortgage broker for the difference?
I should note; in case relevant, that this would come under Scottish law, and both are unmarried. My mother's (now) ex-partner is not our father.
TIA!
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