ACT Defacto Ownership of House

[Sisu]

My dad and his girlfriend are both in nursing homes. Her children auctioned the house last week. They were a couple for 30 years. Her children are claiming he has no rights to the house and the house is in their mother's name.

What steps should we take to assist my dad with getting his share of the house? He was in hospital and ordered by her children to move out. He was too sick to go back and went to a nursing home.

 

[Rod]

Go see a lawyer asap.

Your father needs a freezing order to ensure the money doesn't disappear when the property settles. You need to talk with your father and possibly obtain power of attorney. If your father is no longer in a relationship, for whatever reason, then organise a property split. Might be good to organise a property split even if they are still a couple.

This matter is likely going to court unless the other side sees reason. 30 years is a long time and it is going to take a lawyer a bit to sort through who has what rights in property.

 

[Sisu]

Should a caveat be put on the sale of the property? Or is it too late? The house was auctioned a week ago and they are aiming for a quick settlement in another week.

 

[Rod]

It is not too late, but if the house is not the issue just the money, a freezing order will do the job.

If settlement is a week away see the lawyer sooner than later.