VIC Ex Wants Sons Home Even Though We Gifted Him The Money.

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sashj

Member
13 September 2019
3
0
1
Brookfield
Hi,
Back in 2015 my wife and I gifted my son money to buy land and build a house.
The money came from a TAC payment she received and that payment went into our joint bank account.
Then she received a TPD payout in 2017.
She decided she didn't need her family anymore so she started with violence again.
She was again removed by CAT team and vicpol and we took out full interim IVOS at beginning of 2018, which prevented her from returning to house. She took out a caveat on sons home claiming financial interest in 2018, we had that removed in 2019, after a week she found another lawyer and took out another caveat this time constructive trust.
Back in 2015 we transferred the deposit for the land into his account, then my son got quite ill with heart and lung problems, he differed uni for 6 mths, so he had his ZIP id done in the hospital, he signed his land contract and we made the cheque out and the conveyancer finalised the sale etc.
He got ill again after signing all his contracts with the builder so we were making the cheques out for the build stages of the house.
He never signed or made any loan and or agreement with us, now my ex is going for his house in the family court.
The house is titled solely on his name and he has been paying his rates and bills and paying for improvements, she broke into his home as she had no access,changed all locks and put in security doors, cameras and spotlights up, barred the windows and to date the home is still vacant with expensive belongings inside. She even managed to remove us from the home and contents insurance!
We have been separated since February this year after almost 25 years of marriage, when she got IVOs against us and had us removed from his home in the middle of the night, more on that when I post in the family law.
We were homeless and are virtually broke as we lived out of hotels till may with my disabled daughter and son, and me losing my job due to the situation and failing health.
I have been told my son is a gifted major and she has no claim but I am worried that these womens legal aid lawyers she has are maneuvering to use family violence in some sense to take his home from him.
Any help on this will be appreciated.
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,197
969
2,894
You need a lawyer.

Something like this is beyond the scope of online opinions.

Based solely on your post the situation is fixable, but is going to take time and effort to fix.