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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Here is my story/life. My grandmother passed away leaving

Customer Question

Hello, I'm Nathan and here is my story/life. My grandmother passed away leaving her property to her two daughters. The daughters sold the property and split money evenly. All good at this stage I was around 20 or 21 years. My mum took my sister (older) and I on a holiday, all tovegher. Then remaining money was decided to be spent on a holiday house with a loan in torqauy (3bd, so one each)as I was a mad keen surfer. Purchased house for 114k. I used the house as a holiday home at this time. As life progressed I got a beautiful women to love me and work in Torquay. I was then 24, living in house alone roughly half of every week and the rest at my partners. Life ticked over like this for while. I was only paying all bills and rates at this stage. My partner and I were now committed fk.each other when we moved in full time. We paid kg mother money every single week $250 never late, from our understanding that we were paying off our home, based.on her L agreements with mum. Nothing written At all. Life went on like this for another 8-10 years. By now we had a son nx thought we had paid a big enough chnk to start talking timelines and expectafions for signing over title. The market had boomed in amongst all this. My mum had a boyfriend that ended badly and ended in e pensive court battle just prior to this. Then my mum tells.me if I want the title I would need to give her 550k and the ten or so years I had given her meant nothing. We agreed verbally then between me my mum, my partner and my sister and her partner that we would have 3-4 months to settle down and evaluate then. 2,weeks after that discussion I got an eviction nofice from mum lawyers gi ing me my family 21 days to vacate. Not a word spkmen to each other in that 2,weeks. So we.moved out and rented. Within 6 months of that she sold the house for or approx 600k. At this stage I still have not spoken a.word to mother. This was about 2 years ago. We've rented ever since. No words still. From the time we originally got the house until its sale my mum and sister used it maybe on 2 occainsions each. .neither had ever ,spent a. Cent on The house in all that time. We have not been given anything at all. Not the money I gave her nor any ic the sale. I am now 41 mY son 8 and my partner 45. Do I have a rsason to sue. It has financially ruined our lives.
Submitted: 1 year ago.
Category: Australia Law
Expert:  kmslaw replied 1 year ago.

Hello my name is***** a a solicitor in NSW who will help you with your inquiry today.

When you say you were paying off $250 per week from your understanding that you were paying off your home, what do you mean? Do you mean that there was a verbal agreement with your mum that you would obtain some equity in the home? What had happened verbally to arrange that? Also what state of Australia are you in? I will have to check the law of equity to answer this question, are you prepared to pay a little more for me to research this through the text books? It may be that some kind of trust has formed. But usually you require writing for any kind of right to arise. I need to do further research. I will offer you a further service.

Expert:  kmslaw replied 1 year ago.

Hello. Did my answer help you at all? Do you want more Q&A time?