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My mother is wanting to sell her property but has concerns…

Customer Question

My mother is wanting to...

My mother is wanting to sell her property but has concerns that a son and his partner who has been living with her forthe past 12 years or so, rent free, may be able to make a claim on the sale of her home or indeed stop her from selling it as they may claim that they are dependant occupants of the property. Are you able to help?

Submitted: 12 years ago.Category: Australia Law

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Answered in 43 minutes by:

4/12/2010

Solicitor: Advocate, xx replied 12 years ago

Advocate, xx

Category: Australia Law

Satisfied Customers: 392

Experience: xx

Verified

Dear JA Customer,

Thank you for your enquiry. In order for me to be able to assist you further, please let me have a reply to the following questions, keeping each answer on separate lines.

a. Is your mother married or divorced?

b. If 'yes' to the above question, has your mother settled with her husband/former defacto partner?

c. How old is the son and his partner?

d. Is the son's partner his defacto and if so, how long have they been living together in your house?

e. Have either the son or his partner done any of the following;

(i) paid for any renovations to the house;

(ii) made any improvements such as repair, painting?

(iii) spent any money towards the property or the garden?

f. Is there any specific that is concerning your mother?

g. What is your mother intending to do after she sells the house regarding where the son and his partner will live?

I await your further reply.

Sincerely,

Mary A.

Customer reply replied 12 years ago

1. Mum is seperated and all property issues have been settled. House title is in her name only.

2. my brother is 40, unsure of his partner but around that age also

3. I believe that they are in a defacto relastionship & they have been living in my mums house for the same period of time (circa 12 years, if not a little longer)

4. No, it has been only the past maybe 6 to 12 months that mum has started asking for bills money and and putting in for the costs of having the lawn mowed (they go half not thirds in the cost)

5.She is worried that they may hinder the sale of the property or infact make a claim on the sale which will leave her short from buying another property to live in

6. If there are funds left after the sale & purchase of a newer home, she has intentions of either paying rent for them for a period of time or give them a lump sum of an amount, that is not sure. This payment will then need to be taken into consideration on her will, as it will be considered from the other siblings that he has received inheritance up front. There are 5 children. (4 plus the son that is living with her)

Solicitor: Advocate, xx replied 12 years ago

Dear JA Customer,

Thank you for your detailed reply, which is appreciated.

From what you say, the only thing your mother has to worry about right now is the property adjustment from her husband's interest in the said property.

There is nothing that the son can claim from the said property.

However, it would be different if you were talking about your mother's Estate, that is if she passed away and did not leave that son sufficient provision in her will. That is not the case, so your mother can finalise an agreement with her former partner and sell the property and move on.

I wish you well. If you have any other questions, please let me know. Otherwise, please don't forget to press the "Accept" button upon receiving this answer to your enquiry.

Sincerely,

Mary A.

Advocate, xx

Category: Australia Law

Satisfied Customers: 392

Experience: xx

Verified

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