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QLD Living with In-Laws - Who Own the Property?

Discussion in 'Property Law Forum' started by Madcat2705, 14 July 2015.

  1. Madcat2705

    Madcat2705 Active Member

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    Hi,
    My wife and I are living with my father-in-law and he is causing issues between me and my wife, and between me and him.

    My wife and I are mortgage holders and he had gifted money to my wife as her inheritance to put towards the house. He lives on the property with us in a portable home that has not been fixed on the property (basically a large caravan). Now he keeps saying that he can do whatever he wants and now he wants to get my wife's mother on the property as well in a granny flat. I did not agree with this and he says I don't have a choice.

    Who has the rights here? I'm paying mortgage on this property, shouldn't my wife and I have final say?
     
  2. Sophea

    Sophea Well-Known Member

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    HitMadcat2705, on basis is he asserting that you have no choice as to who lives on the property? The gift of money to your wife? If it was a gift, and he has no interest in the home, then he doesn't have a leg to stand on.
     
  3. Madcat2705

    Madcat2705 Active Member

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    Hi Sophea, So if he gave my wife money, which is meant for her inheritance and both my wife and my names are on the mortgage and he is not. Does this give us the rights to say what we want in terms of who can move on to our property?
     
  4. Sophea

    Sophea Well-Known Member

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    Absolutely.
     
  5. Madcat2705

    Madcat2705 Active Member

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    Thanks Sophea! I still fear that he will contact his solicitors and he thinks that he has control. He is not even on the property legally as to his housing situation because it is a caravan-like house on wheels - correct if I'm wrong. And he keeps saying that he has granny flat laws protecting him. Even if he is protected by granny flat laws, what should we do to stop him from causing issues and making life unbearable?

    We have thought about selling up and moving on, will we need to give back the money he gave to my wife?
     
  6. Ivy

    Ivy Well-Known Member

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    No, you won't have to give back the money he gave to your wife if it was a gift.
    And "granny flat laws"? I don't know what he is talking about.
    The only rights he may have to stay on the property would be under an implied tenancy. Does he contribute in some way that may be construed as being in exchange for him being able to stay there (i.e. money, upkeep etc)? If he does have an implied tenancy, that doesn't give him the right to ask someone else to live with him on the property. It would only give him rights of notice before termination of the tenancy (i.e. you might have to give him notice if you were to ask him to leave).
     
  7. Madcat2705

    Madcat2705 Active Member

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    Hi,
    In relation to the above posts, I want my father in-law to move off our property. He is causing problems between me and my wife. He is saying to my wife that he needs $100,000 to move into a retirement home. Is this even right? My wife wants to sell our investment property so he can get the money. I am beyond words to how he is even asking for such things. I cannot live with him any longer after having to deal with so many insults and racial comments. Can anyone shed some light on this?
     
  8. Sophea

    Sophea Well-Known Member

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    Hi Madcat2705,

    Wow, sounds like you are living with father in law from hell. I don't envy you.

    I'm not sure what it costs to move into a retirement home these days, but as @Ivy was saying - there is nothing preventing you from physically changing his locks or kicking him off your property provided his residing there cannot be construed as some sort of tenancy or lease, in which case he may have certain rights and you may need to go through a process of kicking him out.
     
  9. Madcat2705

    Madcat2705 Active Member

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    We have asked him to pay a portion for rates and electricity only because we allowed him to be on the property. He is in his own caravan-like-unit on wheels which is not permanent housing. What processes should we consider? And is it right for him be asking for that kind of money when its not our responsibility where he goes? My wife feels its her responsibility where her father goes, so there's conflicting issues there too.
     
  10. Sophea

    Sophea Well-Known Member

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    Hi Madcat2705 - no there are no legal obligations for children to provide for their parents, however as you have identified yourself, there may be moral obligations your wife feels toward her father and a sense of obligation to care for him - that is outside of our realm, arguably the most difficult issue and for you to work out. sorry : (

    I'm not sure whether that would be construed as a movable dwelling residential tenancy of sorts and if so what notice period that would entitle him to, perhaps one of the other forum members knows a little more on this subject? In any case you should be able to give him a notice period to find new accommodation. If he stays after that time, it will likely constitute trespass on your property.
     

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