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VIC Family Trust and Domestic Violence Order - Can Property Be Sold?

Discussion in 'Property Law Forum' started by Markus Barnett, 17 February 2015.

  1. Markus Barnett

    Markus Barnett Active Member

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    Hi. my sister & partner are living in a house near Ballarat in Victoria. the house is in family trust with my father. they have been paying the mortgage for 4 & a half years. the house was supposed to be signed over to them when 5 years was up. but my father has now turned on them. he went to the house last week made a huge seen. punched my sisters partner in the face. scared the crap out of their 6 year old boy, for which now my sister has had to take out a Domestic Violence Order (DVO) on my father. as the boy can't sleep at night after this intolerable action by my father. he has now served a 90 day eviction notice on them because he says he wants to sell the house. which is a whole heap of B.S. he doesn't need the money as he is a multi millionaire.

    So far my sister & partner have tried to negotiate to have the title signed over to them. but my father is quite adamant that he is not willing to do that. he just wants to throw them out so he can sell the property. i also want to ad that my father has a long history of doing such disgraceful things such as this to his 4 kids over the years. what kind of legal advice could you give me with regard to this matter?
     
  2. Rod

    Rod Well-Known Member

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    Is there anything in writing/email/SMS to support this claim? Any witnesses to verbal discussions?
    What is the nature of the trust and who is the trustee?
     
  3. Markus Barnett

    Markus Barnett Active Member

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    There are witensses to verbal discussions. the trustee is my father.
     
  4. Markus Barnett

    Markus Barnett Active Member

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    The reason why the house was placed in trust in the first place is because my sister was bankrupt. she is now near the end of here bankruptcy term. one of the reasons why father doesn't want to keep his word to remain solid to this commitment.
     
  5. Markus Barnett

    Markus Barnett Active Member

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    I also want to know if my father does go ahead with throwing them out to sell the house. are they entitled to get back all of the money they have paid because he is breaking his part of this agreement.
     
  6. Markus Barnett

    Markus Barnett Active Member

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    Just spoke to my sisters partner. they have it in writing that my father, the trustee. was to sign the title deed over to them when the 5 years was up.
     
  7. Rod

    Rod Well-Known Member

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    Unfortunately it seems you need to see a lawyer if you wish to enforce your sister's rights.

    You/your sister could try writing to the father saying the eviction is illegal and he will be taken to court of he tries to proceed with the eviction. And make it is in writing, not done in person/phone. Your sister needs a clear document trail so that if things do end up in court you can back your side up with documentation. A he said/she said argument is generally just a win for the lawyers.

    Based on what you said I don't think the letter to your father will have much effect on what he does but you do need to act reasonably, and be seen by a court to have acted reasonably, while standing up for your rights.
     
  8. Markus Barnett

    Markus Barnett Active Member

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    Thank you very much for your assistance with this matter. we had a fair idea that he couldn't do much. but i just wanted to get it confirmed. will advise my sister on how to proceed from here.

    Have a great day. thanks once again.

    Cheers.
     

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