NSW Joint Tenants - Trustee and Guardian Want to Sell the Home?

Discussion in 'Property Law Forum' started by theora, 5 September 2018.

  1. theora

    theora Member

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    Hi,

    My mum and I are joint tenants and owners of a property which we were both living in until she went into a nursing home 2 years ago. Her financial affairs have been taken over by the trustee and guardian (without my knowledge) and the T&G now wants to sell the house.

    I need help on whether they can do this or not? I took on the joint purchase to help mum and in the understanding that the house would be mine when she died. At that time, I was living elsewhere but 10 years ago I moved into her house as she felt that she couldn't live alone any longer as she was becoming frail so I moved in to provide care for her and to help with the bills as she was on a pension when she bought the house so my salary was required to help finance the purchase.

    The house has a reverse mortgage on it which I have signed documents agreeing to pay when it comes due and which I will do so I'm looking to refinance my housing loan (which is not on the joint owned house) to pay off the reverse mortgage. The question is, do I have to get a mortgage big enough to pay the T&G half the value of the house and then they pay the reverse mortgage or do I just have to pay the reverse mortgage because theoretically I already own 100% of the house as a joint tenant?

    The T&G are doing my head in, they won't pay for any expenses for the house, I've just managed to pay off outstanding strata fees after the threat of bankruptcy proceedings and I'm paying off the outstanding council rates at the moment. I feel that if I am paying 100% of the expenses for the house, I should get 100% ownership of the house which is what mum intended when we purchased the house as joint tenants.

    Thanks for reading.
     
  2. Rod

    Rod Lawyer
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    Possibly. In many situations they can but see next comment.

    This is important and may stop a sale. You'd need to see a lawyer to discuss this aspect of the property. It may be there is a trust involved that will prevent the T&G from forcing you out however proving it to the satisfaction of a court can be difficult. Does your mother still have enough mental capacity to be able to verify your side of the story?

    You should also discuss this query with a lawyer. Your mother/T&G have some obligations but how far this extends I don't know.
     
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  3. theora

    theora Member

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    Thanks very much for your help. My mum really isn't well enough to confirm anything any more. She has told my brother on more than one occasion what she wanted to happen so he could confirm what she wanted but I don't know if that's enough. I know I will need to get proper legal advice on this but you have given me something to make a preliminary decision on which is great.

    Thanks again.
     
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