Have I any chance of getting my money back

[stepper]

I have paid a number of mortgage payments through my bank over several years to help out my son and daughter in law. These payments were to be repaid on remortgaging of their house. This never happened. They are now getting a divorce and I am wondering if it is worth obtaining my bank statements which will record details of the payments straight to their mortgage company. Is it a waste of time and effort?

[redcrx]

can you prove it was a loan and not a gift? anything in writing?
have you actually asked them if they can repay you?

[tigersam258]

sorry to hear that they are divorcing but I have to agree with redcrx, it would be difficult to prove there was monies owing to you without a written contract. perhaps your son would consider repaying this to you out of the proceeds of the sale of the house if you ask him.

[stepper]

Thanks for your answers. Nothing in writing - they have been in arrears a number of times. DIL asked me to pay off the arrears so that they could remortgage and then pay me back. My son acknowledges this but he and DIL are not in communication. I fear I will have to take the loss on the chin. It was a genuine attempt to help them out of a mess as we have two grandchildren.

[gentleman]

I know it becomes a problems later when circumstance changes of not your accord in helping family or even you very own children at your best judgment. However, most Solicitors will allow you a free half hours advise session. If your son has any moral issue to respect your concern he would reassure you of his debt to be paid in due course. But if he ignores your plea then if I was you I would leave tell him all your inheritance is in trust to the dog's home.

[terambulan]

leave it for the sake of the g/children as they'll surely find out if you start legal action. A good relationship with them is worth more than money.

[stepper]

Thanks for your answers. No problem with my son. Son and DIL are getting divorced and DIL is about to go for the jugulars! I just wondered if I have any chance of getting my mortgage payments back (which were supposed to be returned to me on remortage of the house) should there be equitity left in the house.