NSW Family Law - House under Husband's Parent's Name - Where Do I Stand ?

[JD1963]

Hi,
I have been married for 26 years with 2 children. Both my husband and I have built a house together. But the house has been put under his parent's name. Where do I stand under Family Law if something were to happen with our marriage or one of us passes away??

 

[Sophea]

If the house is registered to the parents as joint tenants then if one of them were to die, then it would automatically pass to the other. If they both die it would go into their estate to be disposed of under their will - and assumably they would pass it onto you since it is your house. What is the understanding between you as to who owns the house? Is the name change for taxation or other purposes?

If they were to try to pull one on you and bequeath the property to someone else in their will, then you would likely have to lodge a caveat and then go to court and try to establish that you have an equitable interest in the property.