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QLD Paying Mortgage - Will House Go to Me When My Mum Passes?

Discussion in 'Property Law Forum' started by amypeeps, 30 May 2015.

  1. amypeeps

    amypeeps Member

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    Hi, I have been living in my mum's house with my sister for 5 years and she said if I pay the mortgage, which I have done, she will leave it to me when she dies. My mum is not well and could die anymoment and last week i found in a draw a transfer of the house into my sisters name.

    I am worried as I have paid $160,000 in the last 5 years. Does my sister own the house under property law? Can I get my money back?

    Thanks.
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Amypeeps,

    Does your mum have a will? If so, who has she left the house to, do you know?

    Given you have paid a substantial sum toward the house, you may have an interest in the house. Do you have something written down from your mum that supports what you say your mum has promised you?
     
  3. Tim W

    Tim W Lawyer

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    I agree with @Tracy B.
    It may also be prudent to get advice about the possibility of a caveat on the property.
    This will prevent dealing in the land until any dispute is resolved.
     
    Ivy likes this.
  4. Ivy

    Ivy Well-Known Member

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    Hi,

    I agree with Tim- consider lodging a caveat straight away. A caveat is a notice on the register stating that someone else (apart from the registered proprietor i.e. your mum) is claiming an interest in the property. You don't need to prove your interest in the property at that stage, but you will need to go to court to substantiate your claim. Therefore, as Tim suggested, seek legal advice.

    There can be consequences (i.e. not having your interest recognised) if you fail to caveat in a timely fashion. It will be very difficult for you to have your non-registered interest in the property recognised once the property is transferred into your sister's name due to the priority principles that apply to registered title.

    If I were you, I wouldn't delay in seeking legal advice.
     
    Tracy B and Tim W like this.
  5. amypeeps

    amypeeps Member

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    no will and nothing in writing didnt think she would do this to me
     
  6. Tracy B

    Tracy B Well-Known Member

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    Hi Amypeeps,

    I agree with Tim and Ivy. Get legal advice. Get a caveat lodged. But first, find out whether the sale was gone through or not. It could just be a draft agreement and no signatures have been effected.
     

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