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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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Ok I purchased a home for my family my dad paid 200k deposit

Customer Question

Ok I purchased a home for my family my dad paid 200k deposit I put in about 60k, I took out the house loan with my boyfriend he has put in zero, and has not paid any repayment on the house at all as he's starting a new business , the relationship is not going so well and I am worried that if I end things he will try and take half the house, any advise would be appreciated, thanks Alison, also I know if I was to ask him to leave he would refuse and make my life hell, I have mentioned in passing that I will move out and you can look after the home loan, he does not make enough money to cover loan so that's not possible, his response was I don't care if loans not paid , he will refuse to leave, I'm in a bind on what to do, my farther will be moving into our home within months and it's not going to be a loving home for him to be in, what should I do ;(
Submitted: 11 months ago.
Category: Australia Law
Expert:  Patrick H. replied 11 months ago.

Whose name is ***** ***** in? How long have you been living together?

Customer: replied 11 months ago.
I had sent a reply yesterday, however in case you had not received reply, the property and loan is in both names, we are not married however
Expert:  Patrick H. replied 11 months ago.

Yes, but how long have you been living together. Different laws apply if you have been living in a defacto relationship for 2 or more years, or if there is a child of the relationship. Also, which state are you in?


Customer: replied 11 months ago.
I live in Australia, qld, we have lived in the house since march have no children
Expert:  Patrick H. replied 11 months ago.

Hello again,

Because it appears you have not been in a defacto relationship for two or more years the Commonwealth family law act would not apply, but the Queensland Property Law Act Part 19 would apply and can be found here:

Essentially it will allow you to apply to the court for orders, if you cannot reach a mutually satisfactory agreement, for an adjustment of your property interests so that you can separate on a fair basis. Normally such an application would not be necessary however because it appears you have mingled your assets, including those of your father, an application of this sort may be necessary.

If your partner has debts, do not delay as if he were to go bankrupt the assets presently in his name may be claimed by his creditors, which would then frustrate any claim you may have to recover the capital you and your father have invested in the property.

Naturally I would recommend you engage a lawyer to pursue such a claim for you.

I trust the above assists.

Good luck and please rate my answer.


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