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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5136
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My parents bought a house cash 12 years ago in my name now

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My parents bought a house cash 12 years ago in my name now they want to take it back. I had to pay them rent and it was to be my inheritance. We have had a falling out in which my father screamed and threatened to kill me. Can they make me give it back to them? I have been helping him take care of my mother for the past 8 years
Hello

They can try to take it back, but the issues they have is that:

1. There was an agreement made prior.
2. You gave payments back.
3. They had every intention to give it to you.

If they want to sue you or take it back, you have a claim for:

1. Your money back.
2. A claim against their estate.
3. Any payments for the care of your mother.

Thus, they cannot simply take the house away from you, they need to understand they at the very least need to repay you the money you paid in rent as well as your claim in the inheritance.

Such an action in court will also cost them around $50k. It is not cheap! Secondly they need to convince a judge that they have turned away from a bona fide agreement. Not easy at all.

My advice, they can have a claim yes, but it would be very hard to prove, almost impossible.

Please accept.
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Customer: replied 3 years ago.


thankyou


 


Yes they would have to answer the other reason they put it in my name which they would not want to answer.

That too!

It shows a clear intention they gave it to you.

A judge will not be convinced otherwise really. They cant say 'oh we have had a falling out, we want it back.'

They will get a pasting in court.

Sad really.

Please accept.
Daniel and other Australia Law Specialists are ready to help you