VIC Disagreement Between Joint Tenants ?

Discussion in 'Property Law Forum' started by Skateboard, 1 August 2018.

  1. Skateboard

    Skateboard Well-Known Member

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    My brother and I were joint tenants in a property. I gave my power of attorney to my son when I went overseas. When house was settled my brother refused to give me any money. The agreement was that I should receive %50 of the sale price.

    After several months of arguing my brother gave me %20 of the sale price and promised to give me the other %30 at a later stage which he didn't do. What can I do now an my brother refused to talk to me?
     
  2. Rod

    Rod Lawyer
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    Take him to court for the remainder + costs. Recommend you do this sooner rather than later in case the money 'disappears'. You should consider an interim injunction freezing his assets till the matter is resolved.

    Check first that your son has not varied the agreement to your detriment.
     
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  3. Rob Legat - SBPL

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    Also go back to the solicitor/conveyancer who handled the sale. They should not have released the funds unless they were appropriately instructed. They should have sought clarification if only one party was receiving the net proceeds.
     
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