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VIC Property Law - Can Person Under 18 Own Property?

Discussion in 'Property Law Forum' started by Bradu, 19 June 2016.

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  1. Bradu

    Bradu Member

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    Hi there,

    I'm in the Defence Force, 17 years old. I need to buy a property for my mother as she has been kicked out of her house and there is nothing to rent. I know you can legally under property law own a house under 18 but I was just wondering what the steps on how to get there are and how difficult the process is as a minor?

    Thanks a lot.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Bradu,

    I don't know what state you are in but check out this info on the situation in NSW> these are the types of things that may be required.
    Minors - Registrar General's Directions

    How long till you turn 18? Things might be less complicated if you can wait.
     
  3. Bradu

    Bradu Member

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    Thanks for the reply Sophea. I turn 18 in December. How long do you think the process will take as a minor instead of a normal property purchase?

    Will I need a lawyer through this process?
     
  4. Sophea

    Sophea Well-Known Member

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    It probably wouldn't take that long, if you just get the certificate - but you would need to get a solicitor to provide the certificate. Maybe a few weeks to a month? Not really sure.
     
  5. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Bradu

    How are you planning on paying for the Property? With cash, or money from the bank?

    One option, is that you might be able to lend some money to your Mother, to help her purchase a Property?

    Statute (Victoria)

    In Victoria (as in NSW and SA) there is significant legislation dealing with the obligations of minors under contracts.

    The Supreme Court Act (s 49) - (Victoria) makes certain contracts with minors void:
    • Contracts for the repayment of money lent or to be lent
    Is the Property you plan to purchase in Victoria? Or elsewhere in Australia?

    If you want to proceed, please let me know, and we can work out if it is possible, and what needs to be done.

    Kind regards,
     
    Tim W likes this.
  6. Bradu

    Bradu Member

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    Hi thanks for the reply James. Was hoping to borrow money from the bank, however, I've got all the money for the deposit. Yes, it was going to be in Victoria. I am unable to lend money to my mother simply because I have a secure job in which a bank would consider lending me a loan, however, she isn't as fortunate as me.

    Thanks for your help.
     

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