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I'm not sure if you can help and we do have solicitor that we have an appointment with tomorrow but I need peace of mind

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No we were hoping it wouldn't get to that. So ten years ago my parents bought a business and to buy that business they needed a loan but the banks wouldn't loan them the money because of their age so my brother went third party on the business loan against the house they live in. He has no directorship of the business his name is ***** ***** the debt against the house. My father past away two years ago and my mother wants to sell bit she needs his signature off the debt in order to sell. He has refused to sign off and wants money does he have any rights to anythinghe hasn't been paying any of the debt either and isn't involved in the business

Lawyer's Assistant: Family law varies by state. What state are you in?

Victoria

Submitted: 2 months ago.Category: Australia Law
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Answered in 2 hours by:
5/28/2018
Solicitor: John Melis, Lawyer replied 2 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,544
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Hi, I’m John a solicitor from Melbourne. I may ask you a few questions to narrow the issues you have raised.

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Solicitor: John Melis, Lawyer replied 2 months ago

by any chance co you have a copy of the contract ?

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Customer reply replied 2 months ago
Contract for what? There was no contract as such only his name was put on the blue stone loan... He has no shares and hasn't been paying any contribution to the debt.
Solicitor: John Melis, Lawyer replied 2 months ago

in the law of equity your brother will hold a right on the basis of the loan. Once the loan is paid out then your brother can release the house.

Would you like to have a talk by phone before your meeting tomorrow so I can give you a few pointers to bring up with the lawyer ?

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